The courts have pronounced on this section of the Act

 “ Section 4(3) of the Act, which came into operation on 1 January 2013, sets out requirements for citizenship by naturalisation, as follows:

‘A child born in the Republic of parents who are not South African citizens or who have not been admitted into the Republic for permanent residence, qualifies to apply for South African citizenship upon becoming a major if:

(a) he or she has lived in the Republic from the date of his or her birth to the date of becoming a major, and

(b) his or her birth has been registered in accordance with the provisions of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1991).’

[3] It is common cause that all the respondents were born in South Africa, had their births registered in terms of the Births and Deaths Registration Act 51 of 1992 (Births and Deaths Act), have lived here since birth and have no other home apart from South Africa. The respondents have been unable to obtain citizenship in terms of the Act, because the Minister of Home Affairs (the Minister) interpreted the section as excluding them and also failed to promulgate the necessary forms to apply for citizenship. “

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