Being born in South Africa is not enough to obtain citizenship. Here’s why…
An attorney breaks down citizenship and immigration laws.
Photo: Qama Qukula/CapeTalk
The Drive With Thando team on 947 speaks to Jabu Price Moor from HJW Attorneys on the legalities around South African citizenship.
Listen below.
Social media buzzed this week after a Miss South Africa finalist’s citizenship was publicly scrutinized.
The debate showed that many people were ignorant about the country’s immigration and citizenship laws.
Moor explains that South Africa has two laws that deal with residency and citizenship: the Immigration Act 13 of 2022 and the South African Citizenship Act 88 and 1995.
In terms of the South African Citizenship Act, there are three ways to obtain citizenship:
1. By birth to a South African citizen or a South African permanent residency holder
“In terms of South African law specifically, just because you are born in South Africa does not automatically grant you the right to citizenship."
– Jabu Price Moor, attorney – HJW Attorneys
2. By descent, for children born outside to one South African parent or a South African permanent residency holder.
Their birth must also be registered with Home Affairs.
3. By naturalization – you have stayed in the country for more than five years whilst holding a permanent residency permit.
You also need to prove that you can communicate in one of our official languages and satisfy an official that you understand the rights and obligations of a citizen.
“Unfortunately, if neither the mom nor the dad holds a permanent residency permit or South African citizenship… you don’t actually get to acquire citizenship status.”
– Jabu Price Moor, attorney – HJW Attorneys
Scroll up to the audio player to listen to the discussion.