Answer to a question from a reader

How do I apply for an ID now that I am 18 because my parents do not have permanent residence in South Africa?

The short answer

The Department of Home Affairs says that undocumented foreign nationals born in South Africa are issued with a birth certificate free of charge. All children born in SA must be registered.

The long answer

Thank you for your email asking how to apply for an ID now that you are 18. Your parents do not have permanent residence in South Africa, but they registered your birth, and you have an unabridged birth certificate recording your birth.

The Department of Home Affairs (DHA) says that undocumented foreign nationals who are born in South Africa are issued with a birth certificate free of charge, as all children born in South Africa must be registered within 30 days of their birth, in terms of the Births and Deaths Registration Act of 1992. A helpful booklet produced in March 2024 by the Centre for Child Law, explains that DHA issues a computerised birth certificate to South African citizens with an ID number, and a handwritten birth certificate to non-South Africans born in South Africa. The Centre emphasizes though, that both these certificates are official and legitimate birth certificates.

In terms of Section 4(3) of the South African Citizenship Act
1) a child who was born in South Africa
2) to parents who were neither citizens nor permanent residents,
3) but who has lived in South Africa from birth to their 18th birthday,

4) and whose birth was registered, can apply for citizenship.


The Centre for Child Law points out that although this form of citizenship by birth is not automatic and an application must be made before being granted citizenship, if all four requirements are met, the Minister of Home Affairs must grant citizenship.

You will need to make an affidavit (a written statement made under oath, swearing that the statement contains the truth) that you meet all the requirements and attach proof. You can give this affidavit to your local Home Affairs office and pay a fee of R300. Thereafter you can get an ID card.

Wishing you the best,
Athalie

Answered on Oct. 15, 2024, 1:06 p.m.

See more questions and answers

Please note. We are not lawyers or financial advisors. We do our best to make the answers accurate, but we cannot accept any legal liability if there are errors.