Chapter 2

Citizenship by birth

A person has to prove the place where they were born and the date of birth. The place must be in South Africa. Proving a birth can be very difficult if there is no birth certificate, or if the person was not born in a hospital or clinic. The Department of Home Affairs is not easily satisfied if the only proof is affidavits so try to find other documents that can be attached to the affidavits. Documents that can help are:

  • Clinic cards or school reports
  • An affidavit from the chief of the area where the child was born, or from another respected person in the community, who has known the family for a long time and knows the child was born there
  • An affidavit from the owner of the property where the child was born
  • An affidavit from the mother’s employer at the time of the birth
  • An affidavit from the person’s older sister or brother who already has an ID and is accepted as a South African citizen
  • An affidavit from people who helped the mother at the birth or who were neighbours at the time of the birth

ONE PARENT IS A SOUTH AFRICAN AND THE OTHER PARENT IS A FOREIGN NATIONAL

In terms of the South African Citizenship Act (No. 88 of 1995) a child born in South Africa to parents where one was either a South African citizen or South African permanent residence holder at the time of the child’s birth, and the other parent is a foreign national, will be a South African citizen by birth in the case of births from 6th October 1995 when the Act came into operation.

NOT BORN IN SOUTH AFRICA: BORN OF A SOUTH AFRICAN PARENT

The requirements are:

  • Proof of date and place of birth.(Full, unabridged certificate)
  • Citizen status of parent/s at time of birth
  • ID of South African parent
  • Proof of birth registration

BOTH PARENTS ARE FOREIGN NATIONALS

A child who is born in South Africa to parents who are foreign nationals can apply for citizenship at the age of 18 years.

ADOPTED CHILD

Foreign children who are born in South Africa and legally adopted by a South African citizen are governed in terms of the Children’s Act of 38 of 2005 and their birth is registered in South Africa. This means they will have citizenship of South Africa by birth.
(See Checklists)