Гражданство по рождению — рожденное в или за пределами RSA от родителя-гражданина Южной Африки (s2(1)(b))

Примеры сценариев

Примеры сценариев приведены на английском языке.

• Eligible — South African citizen by birth.

  Citizen by birth under s2(1)(b): a person born in or outside the Republic to an SA-citizen parent at the time of birth is a citizen by birth. Chisuse [2020] ZACC 20 reads 'is born' as stative, reaching births before the 2013 commencement, and holds birth registration is NOT a precondition (para [68]). Place of birth and non-registration are irrelevant; DHA recognition is mandatory, a question of law not discretion (Chisuse [88]).

• Eligible — citizen by birth, even for a birth decades before 2013.

  s2(1)(b) confers citizenship by birth on anyone born outside the Republic to an SA-citizen parent at birth, whenever born. In Chisuse the Court declared citizens persons born abroad as far back as 1969 (Amanda Tilma, b. 1969 Zimbabwe), holding four of the five old 'by descent' classes are now citizens by birth (para [81]). No registration gate applies.

• Eligible — citizen by birth (straightforward post-2013).

  Post-2010 the born-abroad biological child of a citizen parent is a citizen BY BIRTH under s2(1)(b), not by descent; the only operative fact is that one parent was an SA citizen at the time of birth (Chisuse [60]). South Africa permits dual citizenship for citizens by birth, so her concurrent British nationality is no bar.

• Not eligible — there is no grandparent/ancestral route.

  s2(1)(b) transmits citizenship by birth only through a parent ('one of his or her parents'), parent-generation only; there is no grandparent or remoter-ancestor pathway, and s3 'descent' is adoption-only. With no SA-citizen parent and no qualifying adoption, Pieter cannot claim under any acquisition route on the grandparent link alone.

• Not eligible under ZA-BTH-01 — no pure jus soli.

  s2(1)(b) is jus sanguinis (parental); post-2013 there is no pure jus soli, so mere birth on RSA soil confers nothing. The child is Portuguese (not stateless, so the s2(2) safeguard fails) and her parents are visitors not PR holders (so s2(3) is unavailable).

• Eligible — citizen by birth (parent deemed never to have lost citizenship); confirmatory determination advised.

  Because s6(1)(a) is void retroactive to 6 October 1995 (ZACC 8/2025), the mother is deemed never to have lost SA citizenship, so she WAS an SA citizen 'at the time of birth' in 2011, satisfying s2(1)(b) for Lerato. The derivative child's claim combines the deeming with s2(1)(b) but was not expressly adjudicated; a confirmatory s15 determination is advisable.