“By Birth, Descent or Naturalisation”: Birthright Citizenship Explained for SA Parents

• Children born in South Africa to foreign parents do not automatically receive citizenship, according to the law
• The rules trace back to the Constitution and the Citizenship Act, which state that citizenship follows a child's parents
• The topic has sparked plenty of debate online amid the ongoing conversations around undocumented immigrants in the country

Many South Africans assume that being born in the country automatically makes a child a citizen, but the law tells a different story.

According to the SA government, citizenship in South Africa is only obtained through birth, descent or naturalisation, and being born on South African soil alone doesn't guarantee it.

The basic principle is simple, stating that a child follows the citizenship of their parents. If one parent is a South African citizen, the child becomes a citizen by birth. A foreign child adopted by South African citizens becomes a citizen by descent, while someone who meets the requirements for naturalisation can also become a citizen that way.

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Undocumented Zimbabweans and Malawians vow never to return to South Africa, citizens applaud the news

Children born to permanent residents follow their parents' status too.

Why this issue is making headlines now

This topic has come up again because of the wave of demonstrations against undocumented immigrants happening across the country.

Some families have chosen to voluntarily return to their countries of origin, leaving behind children who have never actually been to their parents' homeland. This has left a number of children facing an uncertain future when it comes to their legal status.

What happens when a child isn't registered

All children born in South Africa are supposed to be registered at birth. This record then needs to be taken to the parents' home country so the child can be registered there too and issued with a passport.

Once that's done, the child can apply for a derivative permanent residence permit if the family plans to stay in South Africa.

The real problem comes in when parents don't have proper documentation themselves. Without regularising their own stay, their children can end up effectively stateless, unable to claim citizenship anywhere.

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Home Affairs official David Hlabane previously explained that the process of issuing birth certificates is handled carefully because it directly affects a child's nationality, adding that parents who skip this paperwork are putting their children at a disadvantage.

Mzansi shares strong views on citizenship rules

The article on the Facebook page sparked plenty of discussion in the comments:

@Wealthy KB Wealthy KB said:

"There's no ID in heaven. We will be the same all of us."

@Mpho Moloi wrote:

"We don't play ka citizenship."

@Sly Ndoro explained:

"It's very known; that's why children of foreign nationals have their country of origin birth certificates"

@Hlase Q Base argued:

"Even we South Africans, before we get ID, our parents should be valid South Africans. So being born in South Africa by non-valid South African definitely won't make you a South African. There should be a trace of originality. Some got it through marrying South Africans..."

@Lord Phuthi added:

"But they are getting Sassa grant."

@Thabo Elton III said:

"Because we are not a Banana Republic."

More on SA's immigration debate

• Briefly News recently reported on a group of undocumented foreign nationals who made a bold decision about their future in South Africa, and locals had plenty to say about it.
• A prominent movement leader gave the government a strict deadline, warning of a shutdown unlike anything the country has seen before.
• A diplomatic dispute between South Africa and another African nation escalated after the death of a foreign national sparked serious backlash.

Source: Briefly News