The proposed new section 4 of the Citizenship Act adds a category of citizenship by naturalisation that is complementary to the additional category of citizenship by birth for children born in the country and still resident at majority. The new section 4(3) provides for children born in the country of parents who are neither citizens nor admitted for permanent residence to apply to be citizens by naturalisation, provided their birth has been registered. The reference to admission for permanent residence is confusing: presumably this section is intended to apply to children of parents who were not admitted legally at all? As stated above, we recommend that such children should qualify for late recognition of citizenship by birth, as do the children of legally admitted parents; a person who has only ever lived in South Africa and has therefore much weaker connections with any other country should not have to fulfil the additional requirements for naturalisation of showing that they are of good character, etc. When combined with the new requirement that a person seeking to naturalise must renounce another nationality if their other actual or potential nationality is of a country which does not allow dual nationality (see below), these additional conditions could be highly problematic. We recommend that 4(3) be redrafted simply to provide for a child born in the country who is still resident there at majority to qualify for citizenship by birth and have the right to apply for recognition of that status at majority. [emphasis added] Home Affairs’ replied to CRAI’s comment to say: The intention is to create an additional category of naturalisation, and the provisions of section 4(3) should be read independently of section 4(1) and (2), as children falling within category of the provision will not have to comply with the provisions of section 5(c) of the Act (as amended). The Department’s view is that there is no need to redraft, as the intention is to deal separately with children born of parents who have not been admitted to the Republic at the time of their birth, and not to grant citizenship by birth, but through naturalisation. Interpreting repealed citizenship law: the importance of your client’s date of birth Legal framework on nationality and statelessness in South Africa The Citizens Rights in Africa Initiative (CRAI) wrote as follows38 during the call for public comment on the Citizenship Act amendment bill: As a result of the numerous citizenship laws in place in South Africa over the years, it is important to note the date of your client’s birth. Even though citizenship laws in force prior to 1995 were repealed,39 they remain significant. As an attorney you must be able to explain to Home Affairs and other parties how your client acquired his or her citizenship when your client encounters any challenge to that claim. It is also necessary to understand repealed legislation because any action in terms of the repealed legislation ‘which is capable of being done in terms of a provision of [the 38 39 d2zmx6mlqh7g3a.cloudfront.net/.../100907pchomesacitizenship.doc (accessed 3 October 2013). Section 26 of the South African Citizenship. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 25