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