The short answer
If you were born outside South Africa and one of your parents was South African, and the birth was registered, you should be able to claim South African citizenship by descent.
The whole question
How can I get an ID if I was born in Lesotho to a Mosotho mother and a South African father? My mother and father separated in Lesotho when I was two years old. Mother and I then came to live in South Africa, where she met my stepfather who organised a birth certificate for me.
The long answer
The law currently says that if you were born outside South Africa and one of your parents was South African, and the birth was registered, you should be able to claim South African citizenship by descent.
But if your birth certificate is in your stepfather's name, who, I’m presuming is not South African, you would have to prove that you are your biological father’s daughter to be able to get an ID.
This would mean you and your biological father having DNA tests, as well as handing in all the forms that Home Affairs requires. This is the list of documents required by Home Affairs in South Africa for an application for citizenship by descent:
Completed BI-24 form to be endorsed by South African parent of child being registered;
Completed BI-529. Child and South African parent;
Original or notarized copy of foreign birth certificate;
Original or notarized copies of South African parents' proof of citizenship, such as a birth certificate, ID book, or valid passport;
Original or notarized copy of parents' marriage certificate;
Police report from country of origin as well as one from RSA (for applicant of 15 years and above);
An interview report for both the applicant and the South African parent (15 years and above);
Proof of Paternity / DNA tests (15 years and above).
Your father might be procrastinating because anything to do with Home Affairs tends to take a lot of time and perhaps because of the cost of DNA tests, but he must be aware that you cannot go on to study without an ID. As your father, he is obliged to help you.
You may also want to take some advice from one of the following organisations:
The Black Sash, an organisation that gives free paralegal advice:
Helpline: 072 663 3739 or 063 610 1865
The Scalabrini Centre of Cape Town
tel: 021 465 6433;
Musina: 015 534 2203, Durban: 031 301 0531, Pretoria: 012 320 2943, Johannesburg: 011 339 1960, Cape Town: 021 424 8561;
Johannesburg: 011 836 9831
Cape Town: 021 481 3000.
Wishing you the best,
Answered on Feb. 9, 2023, 9:57 a.m.
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