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South Africa: Requirements and procedures for a person born outside of South Africa, where one parent was a South African citizen, to obtain South African citizenship; circumstances under which such a request for citizenship would be denied; whether such a person would need to travel to South Africa or live in South Africa in order to acquire South African citizenship

According to the website of the South African Department of Home Affairs (DHA), an individual who was born outside of South Africa can be considered South African by descent if one of the individual's parents was a citizen of South Africa at the time the individual was born, and if the individual's birth was registered (n.d.a). This information is corroborated by a paralegal manual (Black Sash/ETU Mar. 2008) produced by the following two South African non-governmental organizations (NGOs): Black Sash, which focuses on human rights (Black Sash n.d.), and the Education & Training Unit (ETU) for Democracy and Development, which offers training that contributes to democracy and development and produces plain-language manuals in English (ETU n.d.).

According to the website of the South African Consulate General in New York, the documentary requirements to obtain South African citizenship by descent are as follows:

- Completed BI 24 form.

- Completed BI 529.

- Original or notarized copy of foreign birth certificate.

- Original or notarized copies of South African parents' proof of citizenship. For instance, birth certificate, ID book, valid passport.

- Original or notarized copy of parents' marriage certificate.

- A notarized letter of consent from the child's mother giving her consent for the child's birth to be registered in South Africa.

- Adoption order (This is applicable to those who are adopted by South African citizens). (South Africa n.d.b)

Forms B1 24 and B1 529 are attached to this Response. Form B1 154, Application for Birth Certificate is also attached to this Response.

In 26 August 2010 correspondence sent to the Research Directorate by an official at the South African High Commission in Ottawa, a DHA official in Pretoria, South Africa stated that an individual seeking citizenship by descent must submit documentary evidence proving his or her parent's birth in South Africa; otherwise, the individual will not be able to obtain South African citizenship (ibid. 26 Aug. 2010). The DHA Official also stated that an applicant will not qualify for citizenship if the father "lost or renounced his South African citizenship before the person concerned was born" (ibid.). The DHA Official similarly noted that the mother's status is a "determining factor" (ibid.).

According to the DHA Official, it is not necessary to travel to South Africa or to live in South Africa in order to acquire citizenship by descent (ibid.). The DHA Official further clarified that an individual can apply for citizenship by descent either from within South Africa or outside of South Africa and that a passport or travel document is not needed to apply for citizenship (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Black Sash. N.d. "About the Black Sash." <http://www.blacksash.org.za> [Accessed 30 Aug. 2010]

Black Sash/Education & Training Unit (ETU) for Democracy & Development. March 2008. "South Africa's Citizenship Law." (Paralegal Advice website). <http://www.paralegaladvice.org.za/docs/chap02/02.html> [Accessed 11 Aug. 2010]

Education & Training Unit (ETU) for Democracy & Development. N.d. "About ETU." <http://www.etu.org.za/about.html> [Accessed 30 Aug. 2010]

South Africa. 26 August 2010. Department of Home Affairs (DHA). Correspondence with an official.

_____. N.d.a. Department of Home Affairs (DHA). "South African Citizenship." <http://www.home-affairs.gov.za/sa_citizenship.asp> [Accessed 11 Aug. 2010]

_____. N.d.b. Consulate General in New York. "South African Citizenship." <http://www.southafrica-newyork.net/homeaffairs/citizenship.htm> [Accessed 18 Aug. 2010]

Additional Sources Consulted

Oral sources: a South African lawyer was not able to respond to a request for information within the time constraints of this Response.

Publications including: The South African Citizenship Ammendment Bill.

Internet sites, including: AllAfrica.com; Business Day, News24; Parliamentary Monitoring Group (PMG); The Zimbabwean.

Attachments

South Africa. N.d.a. Department of Home Affairs (DHA). Notice of Birth (Persons under One Year). B-24) <http://www.southafrica-newyork.net/consulate/forms/BI%2024.pdf> [Accessed 31 Aug. 2010]

_____. N.d.b. Department of Home Affairs (DHA). Determination of Citizenship Status. (B1-529) <http://www.southafrica-newyork.net/consulate/forms/bi529e.pdf> [Accessed 31 Aug. 2010]

_____. N.d.c. Department of Home Affairs (DHA). Application for Birth Certificate. (B-154). <http://www.home-affairs.gov.za/documents/bi-529e.pdf> [Accessed 2 Sept. 2010]

Topics: Rights of non-citizens,