In addition, South Africans can lose their citizenship automatically under section 6(1) of the Citizenship Act if, after turning 18, they voluntarily acquire the citizenship of another country other than by marriage. Such loss can be prevented by applying to the Minister to retain South African citizenship. Section 7(1) of the Citizenship Act allows a citizen to renounce South African citizenship before securing citizenship elsewhere. Typically, this can occur if a South African is applying to naturalise in a country that does not permit dual nationality – the applicant must renounce South African citizenship but risks becoming stateless if the naturalisation application is rejected or if the person later loses their naturalised status. On its face, the Act does not provide a safeguard to prevent statelessness in this situation. If a client faces any of the above problems, you can assist the client in applying to resume South African citizenship as per section 13 of the Citizenship Act. Given that resumption applications are discretionary, you can also assist a client in contesting any negative decision in court. 5.1.5 People born in South Africa to permanent residents The revised Citizenship Act states that children born in South Africa to permanent resident parent(s) shall be citizens by birth provided that they reside in South Africa until age of majority and provided that their birth was registered. This is a change from the previous law, which allowed such children to be registered as citizens immediately after birth.117 This amendment creates a gap in the law that places children at risk of becoming stateless. Should they leave South Africa for any period, it is unclear whether they would qualify for citizenship. While the draft regulations to the South African Citizenship Amendment Act of 2010 provided for exceptions for temporary absence from the country, the final regulations as enacted are silent on this point. Finding a solution for clients: immigration status and citizenship Republic does not support, and (3) has no safeguard to prevent deprivation that would result in statelessness. Although children of permanent residents should be able to access permanent residence status while they await their chance to get citizenship at age 18, such children will be stateless until they reach age 18 if they do not hold their parents’ nationality. Regulation 8(2)(a) to the South African Passports and Travel Documents Act allows stateless permanent residents to obtain travel documents, but this provision is not known by local offices. 117 See section 2(2) of the Citizenship Act prior to the 2010 Amendment Act. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 81

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