Azra Hoosen | ah@radioislam.co.za
13 August 2024 | 15:00 CAT
2 min read

Miss South Africa 2024 hopeful Chidimma Vannessa Adetshina is at the center of a citizenship controversy. Speculation has swirled regarding her South African citizenship, following revelations about her parents’ backgrounds. Adetshina’s mother holds dual Mozambican and South African citizenship, while her father is Nigerian-born.

The Department of Home Affairs recently disclosed that an investigation found prima facie evidence of fraud and identity theft involving Adetshina’s mother. Further investigation by the Department uncovered allegations that her mother had stolen the ID of a South African woman.

Although Adetshina was born at Soweto’s Chris Hani Baragwanath Academic Hospital, South African birth does not automatically grant citizenship.

Attorney at the Legal Advisory and Information Centre, Lindokhule Mdabe and immigration expert, Munyaradzi Nkomo highlighted the laws regarding citizenship in this matter, in an interview with Radio Islam.

There are three pathways to South African citizenship under the South African Citizenship Act 1995:

1. Citizenship by Birth: Acquired if born to a South African citizen parent.
2. Citizenship by Descent: Acquired if born abroad to a South African citizen parent.
3. Citizenship through Naturalisation: Requires holding permanent residence for at least five years before applying for naturalisation.

Mdabe suggests that South Africa’s frustration with state failure and economic challenges is being projected onto migrants, such as Chidimma Adetshina. He believes that people’s anger over unemployment and lack of opportunities is influencing how they interact with migrants and those seeking to establish their identity in South Africa.

“There is no ambiguity in law on what is supposed to happen from a citizenship acquisition perspective as well as the loss or deprivation of citizenship, which is codified in our citizenship act,” said Nkomo.

In South Africa, you can apply for citizenship through naturalisation if you meet one of the following criteria:

1. Permanent Residence: You have held a permanent residence permit for at least 5 years.
2. Marriage: You are married to a South African citizen.
3. Minor Status: You are a minor under 21 years of age with a permanent residence permit.

“If you are born in the country to non-citizen parents who have permanent residency, but you must reside in the republic until you turn 18. You can become naturalised. If she had been born here, then her pathway to citizenship would have been naturalisation, but the problem here is that she is not the one who committed the fraud; her mother did,” Nkomo explained.

Nkomo highlighted that the Minister of Home Affairs can only revoke a citizen’s status if it is deemed to be in the national or public interest.

“The question is, is she a citizen of another country, and is it in the public interest to withdraw citizenship? So, it’s not automatic. Here, we don’t have fraudulent citizenship. We have an allegedly fraudulently acquired citizenship, and we don’t have anything that deals with this. It has to be down to the Minister to determine whether to withdraw citizenship,” he said.

Mdabe noted that to revoke citizenship, it must be established whether there are grounds for the claim. If Chidimma Adetshina was born in South Africa and lived here until reaching the age of majority, she may have a strong case for maintaining her citizenship. “Even with the allegations of fraud, she can make this case,” said Mdabe.

Nkomo acknowledged that while the Department of Home Affairs has raised concerns about fraud, the issue is complex and should be handled with sensitivity. Often, individuals may possess fraudulent documents without being aware of their illegitimacy.

“Something needs to be done to deal with identity theft and fraud; they are serious problems. We need to take a different approach to different cases. There are serious consequences for people’s lives that need to be addressed,” said Nkomo.

LISTEN to the full interview with Ml Sulaimaan Ravat, Attorney at the Legal Advisory and Information Centre, Lindokhule Mdabe and immigration expert, Munyaradzi Nkomo, here.