Ciudadanía por ascendencia: niño adoptado por un ciudadano sudafricano (s3)

Escenarios de ejemplo

Los escenarios de ejemplo se muestran en inglés.

• Eligible — South African citizen by descent.

  Post-2010, s3 'by descent' is confined to a child adopted in terms of the Children's Act 38/2005 by an SA citizen whose birth is registered under the BDR Act 51/1992 — both cumulative conditions are met. Once satisfied, DHA recognition is a duty, not a discretion (Chisuse [88]; Jose [2020] ZASCA 152).

• Eligible — but by BIRTH (s2(1)(b)), not descent.

  A biological child born abroad to an SA-citizen parent is a citizen BY BIRTH under s2(1)(b), not by descent; the 2010 Amendment re-sorted the modes so that s3 'descent' now means adoption only (Chisuse [60], [66]). Daniel's correct route is ZA-BTH-01; the s3 descent route does not apply to biological children.

• Eligible — citizen by descent (pre-2005 adoption carried forward).

  Chisuse reads 'is adopted' generously, applying retrospectively and prospectively, and s314 of the Children's Act deems an act under the repealed Child Care Act to have been done under the current Act (Chisuse fn 78, [81]); a pre-2005 Child Care Act adoption therefore still qualifies under s3 with no adoption-date cut-off.

• Conditional — descent claim incomplete pending birth registration.

  s3 has two cumulative requirements; with the adoption satisfied but BDR-Act registration absent, the descent claim is incomplete. Whether a registration gap can be cured for an otherwise-qualifying adopted child is an open interpretive question — the constitutional lean (s28(1)(a)/(2) child-rights) favours recognition, but no primary authority makes registration curable (flagged, not asserted). The practical step is to effect registration.