Home Affairs sets record straight on citizenship

Source: SAnews.gov.za, 13/04/2017

Pretoria â€" The Department of Home Affairs says it applies the law when
it determines and records the identity and status of persons.


The statement follows media reports claiming that the South African
Human Rights Commission (SAHRC) may probe why children born to foreign
parents are not automatically awarded citizenship.


The reports further allege that the SAHRC leadership is unaware birth
certificates are not issued to these children.
Section 28 of the Constitution outlines rights to which children are
entitled including the right to a name and nationality. The SA
Citizenship Act 1995 (Act No. 88 of 2005) as amended by the South
African Citizenship Amendment Act 2010 (Act No. 17 of 2010) translates
and gives effect to the Constitutions provisions.
Expanding on citizenship in South Africa it says it is obtained by
birth descent or naturalisation the department said in a statement on
Tuesday.


The department said the basic principle of the South African
citizenship is that a child follows the citizenship or nationality of
his or her parents. If one parent is a South African citizen the child
will be a citizen by birth.


A foreign child adopted by South African citizens becomes a citizen by
descent while a naturalised citizen is one who has complied with the
requirements for naturalisation as set out in section 5 of the South
African Citizenship Act.


It is a difficult thing to issue a birth certificate where grounds for
citizenship are not established whether in terms of birth descent or
naturalisation. Citizenship is not in every country based on
nationality of territory the department said.
According to the department children born of permanent residents
follow their parents status.


We do not separate children from parents. What can be done is to
record notice of birth of the child. Such notification of birth can
thereafter be taken to the parents countries of origin for
registration and issuance of passport after which the child will be
issued with a derivative permanent residence permit status upon
application the department said.


The issue that poses a serious challenge involves children whose
parents are in the country illegally.


Some of the parents do not come forward to regularise their stay thus
disadvantaging their own children. Logically the longer parents fail
to come out of the woods to have themselves documented thus making
themselves lawful in SA the harder it is to save the children the
department said.


The department said it is the norm in many countries for parents to
declare the name surname and date of birth of their children.


Yet we have cases where parents fail to take responsibility to
safeguard their childrens identity and nationality precisely because
they themselves are in the country illegally.
South Africa has gone out of its way to assist people even by
extending special permit dispensations to nationals of Zimbabwe and
Lesotho who are in South Africa illegally to regularise their stay the
department said.


The department said there are those who did not come out in the open
despite a moratorium on deportations.


Not all persons are in South Africa with conscious intentions to stay
[here]. There are those who would want to go back home when their
business is done. Issuing birth certificates is handled with utmost
care as it serves to confirm nationality the department said.


The department said it welcomes any probe which follows the legal
framework within which rights to citizenship in South Africa are
protected. -