A new court case has highlighted how South African citizenship isn’t just automatically conferred to the children of foreigners born in the country.
A new court case has highlighted a new angle on South African citizenship and puts to rest some misconceptions that anyone born in the republic automatically becomes a citizen by right., the case involved children born in South Africa to two Zimbabwean parents between 2010 and 2016.
Unsatisfied with this decision, the applicants instituted a review application in terms of the Promotion of Administrative Justice Act 3 of 2000, to set aside the Minister’s decision not to issue their children with South African birth certificates, and consequently not conferring them with South African citizenship.
Whether the legal status of a parent’s admission into South Africa could determine the citizenship of their child under section 2 of the Citizenship Act. the basic principle of South African citizenship is that a child follows the citizenship or nationality of his or her parents“The court considered and emphasised that the best interests of the applicants’ minor children are of paramount importance and that it would not be in their interests to be separated from their parents,” CDH said.
The court did, however,r offer alternative recourse to the applicants in that nothing prohibited their children from obtaining South African citizenship by birth in terms of section 3 of the Citizenship Act if they met the applicable requirements.The parents of Non-South African citizens would have to be permanent residents in South Africa; and
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