Cape Town – The High Court in Limpopo has rejected a legal attempt by Zimbabwean parents to secure South African citizenship for their three children born in South Africa.
The parents wanted the court to review the decision of the home affairs minister not to issue birth certificates to children born in the country to foreign parents, News24 reported.
The court found it difficult to accept the parents’ claim that they were on work permits in South Africa as they failed to provide sufficient documentation.
The judge ruled that the children shared the same citizenship and nationality as their parents, making them Zimbabwean citizens by virtue of their parents’ citizenship.
The court also emphasized that the interests of the children should be considered, leading to the dismissal of the parents’ application for South African citizenship for their children.
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According to IOL, the parents had sought South African birth certificates for their children, who were born in South Africa and lacked Zimbabwean citizenship.
However, the South African Department informed them that they could only issue unabridged birth certificates for non-South African citizens. The parents argued that since they worked in South Africa and their children were born there, the children were entitled to South African citizenship.
The Department explained that citizenship was typically determined by the parents’ status, and since the parents were from Zimbabwe and hadn’t renounced their citizenship, their children were considered Zimbabwean citizens.
Dual citizenship was not allowed, and citizenship could not be granted to the children of work, study, or holiday permit holders.
The Department suggested that the birth notification could be taken to Zimbabwe for registration and passport issuance.
The court noted that the parents failed to regularise their stay and protect their children’s identity and nationality. It questioned whether the parents were still permit holders, given their arrival in the early 2000s. The Department emphasized that citizenship was a crucial part of a person’s identity and sense of belonging.
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Compiled by Betha Madhomu
