Your Right to Citizenship.
What is Citizenship?
Citizenship can be defined as the position or status of being a citizen of a particular country. The South African Constitution states that there is common South African citizenship and all citizens are equally entitled to the rights, privileges, and benefits of citizenship. Citizens, are equally subject to the duties and responsibilities of citizenship and our national laws must provide for the acquisition, loss, and restoration of citizenship. Importantly, our Constitution provides that no citizen may be deprived of citizenship.
How can you acquire citizenship?
Our law states that you automatically qualify for South African citizenship if:
> you are born in South Africa and at least one of your parents is a South African citizen;
> you are a South African permanent residency permit holder; or
> if you are adopted by a South African citizen.
This means that to be a citizen of South Africa, you must have been born in South Africa and either one or both of your parents are South African citizens. Citizenship is granted to an individual by the government of the country when that person complies with the legal formalities or requirements of that country.
What are the benefits of citizenship?
When you are a citizen, you are able to enjoy the rights and privileges that come with being a citizen of the country. For example, you can:
> vote in elections;
> study;
> work;
> apply for a passport so that you can travel;
> obtain a driver's licence;
> get married;
> seek health care;
> register the births of your children;
> contest for public office;
> open a bank account;
> apply for loans; and
> you can apply for social assistance, if required.
What document(s) prove your citizenship?
When you are born to a South African parent, your information is registered on the National Population Register, which is managed by the Department of Home Affairs (“DHA”). Your parent(s) then receive a birth certificate that contains your name and surname, as well as your unique assigned identification number and your nationality. The birth certificate also includes the information of your parents. When you are 16 years of age, you can apply for your Identity Document (“ID”), which is the official document used to identify you. Your passport is also an example of a document that proves your identity and your citizenship.
What happens when both your parents are South African citizens but you are in another country?
That means you are a South African citizen through your parents. There are countries that have different requirements for acquiring citizenship. For example, the United States of America (“USA”) gives you automatic citizenship if you are born there, but that is not the case in South Africa.
What happens when one of your parents is a South African citizen and the other is not a South African citizen but you are born in South Africa?
You qualify for South African citizenship through the South African parent and you qualify for the citizenship of the other parent as well.
What happens when you are born in South Africa but both your parents are not citizens of South Africa?
According to the law, you do not qualify for South African citizenship. The two exceptions are if you are adopted by a South African or if you are a South African permanent residency permit holder.
What are blocked IDs?
Blocked IDs refers to a process administered by the DHA when a person's ID has been blocked or a marker is placed on a particular identity number on the National Population Register. This renders the ID unusable. A person in possession of such a document cannot use it because it is blocked. For example, if a person wants to open a bank account and gives the bank the ID to prove their identity, the bank cannot use that ID because it is blocked. The individual whose ID has been blocked will have to go to the DHA to find out the reason for the document being blocked.
What are the reasons for blocked IDs?
There are different reasons why an ID can be blocked. Some are blocked because they were fraudulently obtained, or some are blocked due to the document being duplicated.
How many blocked IDs do we have in South Africa and what are the categories?
As of 13 November 2020, according to the DHA, there are 813 343 (eight hundred and thirteen thousand, three hundred and forty-three) identified cases of blocked IDs in South Africa. See table below.
Which categories impact South African citizens?
There are 813 343 blocked IDs in total, 517 240 of those IDs fall under the category of 'Duplicates.' The category of duplicates means that either one person has multiple ID numbers or two people share the same identity number.
There is also the category that is 'Under Investigation for Various Reasons,' which has 70 323 blocked IDs.
What are duplicates and why are they serious issues?
There are currently 517 240 cases of duplicates. This means that these people have had their IDs blocked and cannot use them. Currently, the DHA unilaterally blocks a person's ID without informing the person. People usually find out that their ID is blocked when they apply for a bank account or a loan, where it is required that they submit their IDs.
It is a serious issue because some people are not informed that their ID has been blocked and may not know about it, or those that eventually find out are suffering the consequences of not being able to use their IDs.
What are the consequences of having a blocked ID as a citizen?
You are unable to verify your identity, so you cannot participate in certain things that form part of your daily life. You cannot open a bank account, get married, register your child's birth, vote, apply for a passport, apply for loans, to name a few.
What can you do if your ID has been blocked?
You need to approach the DHA and find out the reason for the blocking. Once that is done, you are requested to verify your identity and file documents as proof thereof.
How long does this process last?
According to DHA, this process is supposed to take six to eight weeks to resolve after you provide them with all the required documents. Unfortunately, the DHA had to answer to Parliament because many of the blocked ID cases take many years to get resolved and many people are left in limbo due to not getting answers from the DHA.
What happens when the eight-week period passes without a response?
Having a blocked ID is a stressful ordeal because it causes your life to stand still. If your issue is not resolved within a reasonable time, you can use the Promotion of Administrative Justice Act 3 of 2000 to compel the DHA to provide you with written reasons as to why the ID is blocked and how you can resolve this issue.
The DHA must respond within 30 days of receiving the request. If they do not provide the reason for the decision to block your ID, or they simply ignore the request, you can take their decision on review to the High Court.
What can I do if my ID remains blocked?
You can visit your nearest LegalWise Branch to enquire what your rights are.
Description of Markers / Blocked IDs Number
Immigrant does not qualify for automatic citizenship 222
South West Africa (S.W.A) cases 8 214
Death - Correspondence file created (dead or alive
cases or fraudulent death) 17 747
Undocumented or Irregular Immigrants 145 619
Duplicates (ID duplicates for one person having multiple
ID numbers and 2 persons sharing the same ID number) 517 240
Under Investigation for various reasons 70 323
Refer to Identification (to investigate fingerprint or
biometric records) 53 978
Total 813 343
Did you know… A school cannot refuse your child admission if the child does not have a birth certificate, ID, permit or passport.