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Home Affairs Declared to Married Foreigners “If Your Child Is Born in SA. He Still Risks Deportation

July 6, 2026
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Home Affairs Declared to Married Foreigners “If Your Child Is Born in SA. He Still Risks Deportation
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The provincial manager of the Department of Home Affairs in Limpopo, Albert Matsaung, has clarified the country’s position on citizenship, stating that a child’s nationality is primarily determined by the citizenship of the parents rather than the place where the child is born.

According to Matsaung, South African law does not automatically grant citizenship to children born within the country if both parents are foreign nationals. Instead, such children are generally considered to have inherited the citizenship of their parents at birth. This means that being born on South African soil alone is not sufficient to qualify a child for automatic South African citizenship in cases where neither parent is a South African citizen or permanent resident.

The department further explained that citizenship laws are guided by established legal frameworks, which distinguish between birthright citizenship and citizenship by descent. In this context, children born to foreign parents are typically expected to hold the nationality of their parents’ country of origin, unless other legal provisions apply, such as long-term residency or later naturalisation processes.

Officials from the Department of Home Affairs reportedly became involved after concerns were raised about a specific case in which a child born in South Africa to foreign parents might be at risk of being deported alongside the mother. The matter prompted an investigation to determine the legal status of both the child and the parent, as well as whether any rights or protections under South African law could apply.

The department emphasized that each case is assessed individually, taking into account relevant documentation, immigration status, and applicable legislation. While public concern has grown around cases involving children born in South Africa to undocumented migrants, authorities maintain that decisions must align with national immigration and citizenship laws.

Matsaung’s comments aim to clarify widespread misconceptions about automatic citizenship by birth, reinforcing that South Africa follows a structured legal approach rather than granting citizenship solely based on birthplace. The department continues to urge affected individuals to regularize their status through appropriate legal channels to avoid complications related to residency or deportation.

The case has drawn attention on social media under hashtags such as #HomeAffairs, #Limpopo, and #UndocumentedImmigrants, sparking ongoing debate about immigration policy and the rights of children born to foreign nationals in South Africa.

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Azalibone Mthethwa

Education: A+ Diploma in Journalism ( 2017) Experience: Senior Journalist - Current Affairs Writer Email: info@ireportsouthafrica.co.za

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