CPD1501 Citizenship, Public Participation, and Democracy
Assignment 1 Semester 1
2022
Unique number: 849827
1.1. A person born in the Republic of South Africa qualifies for
citizenship by birth even if one of his parents is not a South African citizen
if:
a. He or she does not have the citizenship or nationality of any other country
or has no right to such citizenship or nationality and his or her birth is
registered in the Republic following the Births and Deaths Registration Act
51 of 1992.
b. His parents are admitted into the Republic for permanent residence status
and such a person born in the Republic has lived in the Republic from the
date of his or her birth to the date of becoming a major (18 years old) and
his or her birth is registered in the Republic following the Births and
Registrations Act 51 of 1992.
Moreover, some schools of thought believe that the words ‘admitted into the
Republic for permanent residence’ suggest that they intend to benefit only
those children whose parents entered South Africa lawfully or have had their
residence duly regularised. Meaning that those whose parents entered the
country unlawfully will not qualify if they reach the age of majority.
Thus, in terms of the Act and the principles discussed above governing the
set scenario, Jonathan does not qualify to be a South African citizen by birth.
This is because his parents entered the Republic illegally.
1.2. For a foreigner to be issued with a certificate of naturalisation, he
or she must comply with the following:
a. he or she must prove that he or she is not a minor (the Minister, however,
has the discretion to grant a certificate of naturalisation to a minor upon
application by parents or guardians (section 5(4) of Citizenship Act 1995)
Assignment 1 Semester 1
2022
Unique number: 849827
1.1. A person born in the Republic of South Africa qualifies for
citizenship by birth even if one of his parents is not a South African citizen
if:
a. He or she does not have the citizenship or nationality of any other country
or has no right to such citizenship or nationality and his or her birth is
registered in the Republic following the Births and Deaths Registration Act
51 of 1992.
b. His parents are admitted into the Republic for permanent residence status
and such a person born in the Republic has lived in the Republic from the
date of his or her birth to the date of becoming a major (18 years old) and
his or her birth is registered in the Republic following the Births and
Registrations Act 51 of 1992.
Moreover, some schools of thought believe that the words ‘admitted into the
Republic for permanent residence’ suggest that they intend to benefit only
those children whose parents entered South Africa lawfully or have had their
residence duly regularised. Meaning that those whose parents entered the
country unlawfully will not qualify if they reach the age of majority.
Thus, in terms of the Act and the principles discussed above governing the
set scenario, Jonathan does not qualify to be a South African citizen by birth.
This is because his parents entered the Republic illegally.
1.2. For a foreigner to be issued with a certificate of naturalisation, he
or she must comply with the following:
a. he or she must prove that he or she is not a minor (the Minister, however,
has the discretion to grant a certificate of naturalisation to a minor upon
application by parents or guardians (section 5(4) of Citizenship Act 1995)
