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Chapter 2 - Citizenship

Checklists

Advice -givers must be very careful when dealing with citizenship problems. If a mistake is made it may mean that a client's case is ruined and cannot be put right. People can be assisted to collect all the right proofs and documents but should then refer the case to a Law Clinic, or public interest law firm. Remember to check a person's story as far as possible, in case they are using false documents to get citizenship illegally.

• Are you a South African trying to get a South African Identity Document (ID) or birth certificate?
• Is there another reason, besides wanting your ID or birth certificate, why you need to prove your right to South African citizenship?
• Are you a South African who has lost your citizenship?
• Are you a citizen of another country who wants to apply for South African citizenship?
• Did the Department of Home Affairs give you a reason for refusing to issue you with an Identity Document or birth certificate?

If NO, ask Home Affairs to give you the reasons in writing.

• Is Home Affairs saying there is a problem with your citizenship?

If NO: address the problem that Home Affairs has identified, probably a technical problem with the birth certificate or ID application process.

If YES:

1. Were you born in South Africa?
2. What date were you born?

Born in South Africa

Proof of birthplace and date

1. Have you got a birth certificate?
2. If you haven't got a birth certificate, can you find at least two or more of the following documents?

• the record of your birth from the hospital or clinic where you were born
• your baptismal certificate
• clinic cards from when you were a baby
• a letter from the chief in the area in which you were born
• a letter from the owner of the farm where you were born
• a letter from your mother's employer at the time of your birth
• a letter from any midwife who helped your mother at the birth
• affidavits from the people who helped your mother at the time of your birth
• affidavits from your elder brothers or sisters who have got IDs and are recognised as South African citizens
• your primary school records or a letter from the school principal
• an old reference book or 'General Smuts pass' showing your citizenship as South African
• a house permit on which your name is written, if your family lived in an urban area

Born in South Africa before 1949

You have a right to South African citizenship, no matter what your parents' status was. BUT the proof of the place and date of your birth must be very good. Affidavits from other people are not usually considered to be sufficient.

Born in South Africa between 1949 and June 1961

You will also have to prove your father's position at the time of your birth.

1. Is your father a South African citizen?
2. Can you prove this with his Identity Document?
3. If he is not a South African citizen:

• Does he have an ID showing him to be a permanent resident in South Africa?
• Does he have a passport of the country he came from?

You will need to try to find proofs of his status at the time you were born. These might be:

• old passports showing his registration in work or permission to be in South Africa
• the record from TEBA showing that he was a contract worker on the mines
• any other paper showing that he was working legally in South Africa at the time you were born

Born in South Africa after June 1961

1. Was either your mother or your father a South African citizen at the time you were born?
2. Can you prove this with her or his Identity Document?
3. Was either your mother or your father a permanent resident at the time you were born?
4. Can you prove this with her or his Identity Document, or permanent residence permit, or immigration permit in her or his passport?

Not born in South Africa

Born of a South African parent

1. Do you have proof of your birthplace and birth date?
2. Was either your mother or your father a South African citizen at the time you were born?
3. Can you prove this with her or his Identity Document?
4. Did your parents register your birth with:

• a South African embassy or consulate?
• the Department of Home Affairs?

5. Do you have proof that your parents registered your birth?

Neither parent South African

1. Are you applying to become a South African citizen?
2. Do you have proof of your birthplace and birth date?
3. Are you over 21 years old?
4. Do you have a permanent residence permit?
5. Have you lived in South Africa for 5 years? When was this?
6. If you are married, is your wife or husband a South African citizen? Can you prove this?
7. If you are in a lifelong relationship with a South African citizen, can you prove this?
8. Does your partner have proof of his or her South African citizenship? Do you have affidavits stating the nature of your relationship?
9. Can you speak one of the South African official languages?
10. Can you think of any reason why Home Affairs would believe you are not of good character?
11. Did the Department of Home Affairs give you a reason for refusing to grant you South African citizenship?

If NO, ask Home Affairs to give you the reasons in writing.