Stateless children can now apply for citizenship after home affairs withdraws appeal

The Department of Home Affairs on Tuesday withdrew its appeal in the Supreme Court of Appeal concerning the case of an eight-year-old stateless child who was born in South Africa to Cuban parents.

The child became stateless because Cuban law does not allow children to obtain Cuban citizenship if they were born outside of Cuba to parents considered “permanent emigrants”‚ or Cubans who had lived outside of Cuba for more than 11 months.

South African law also gives citizenship based on the South African citizenship of the parents.

However‚ Section 2(2) of the Citizenship Act gave these children a chance to be declared South African citizens.

However‚ the home affairs department refused to implement the subsection by way of making regulations‚ forcing the child to approach the high court.