We all know that the easiest definition of black is an African, Coloured or Indian who is a South African by birth or descent. But what we don't know is how to test that. As it turns out this is actually supported by an act, namely the South African Citizenship Act, no. 88 of 1995. And so spake the act
Citizenship by birth
2. (1) Any person-
(a) who immediately prior to the date of commencement of this Act, was a South African citizen by birth; or
(b) who is born in the Republic on or after the date of commencement of this Act; or
(c) who is by virtue of section 3(1)(b) a South African citizen, and one of his or her parents or his or her mother if he or she was born out of wedlock, was at the time of such person's birth-
(i) in the service of the Government of the Republic; or (ii) the representative or the employee of a person or an association of persons resident or established in the Republic; or
(iii) in the service of an international organisation of which the Government of the Republic was then a member,
shall, subject to the provisions of subsections (2) and (3), be a South African citizen by birth.
(2) No person shall be a South African citizen by virtue of subsection (1)(b) if, at the time of his or her birth, one of his or her parents-
(a) was a person enjoying diplomatic immunity in the Republic in terms of any law relating to diplomatic privileges, or was a career representative of the government of another country, or was a person employed in the embassy or legation of such a government or in the office of such a career representative, or was a member of the household or an employee of any such person; or
(b) had not been lawfully admitted to the Republic for permanent residence therein, and his or her other parent was not a South African citizen.
(3) No person who, after having ceased to be a South African citizen, at any time thereafter acquires South African citizenship by naturalisation in the Republic, shall be a South African citizen by birth.
(4) Any person born in the Republic and who is not a South African citizen by virtue of the provisions of subsection (2), shall be a South African citizen by birth, if-
(a) he or she is adopted by a South African citizen in accordance with the Child Care Act, 1983 (Act No. 74 of 1983); or
(b)(i) he or she does not have the citizenship or nationality of any other country, or has no right to such citizenship or nationality; and
(ii) his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).
Citizenship by descent
3. (1) Any person-
(a) who, immediately prior to the date of commencement of this Act, was a South African citizen by descent; or
(b) who is born outside the Republic on or after the date of commencement of this Act, and-
(i) one of whose parents was, at the time of his or her birth, a South African citizen and whose birth is registered in terms of the provisions of section 13 of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992); or
(ii) to whose responsible parent a certificate of the resumption of previous South African citizenship has, in terms of section 13(3), been issued, and who has entered the Republic for permanent residence therein before becoming a major, and whose birth is within one year after the date of issue of such certificate, or such longer period as the Minister in the special circumstances of the case may approve, registered in the Republic in the prescribed manner; or
(iii) who is adopted in terms of the provisions of the Child Care Act, 1983 (Act No. 74 of 1983), by a South African citizen and whose birth is registered in accordance with the provisions of subparagraph (i),
shall, subject to the provisions of subsection (2), be a South African citizen by descent.
(2) No person who, after having ceased to be a South African citizen, at any time thereafter acquires South African citizenship by naturalisation in the Republic, shall be a South African citizen by descent.
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