| (a) | who immediately prior to the date of commencement of the South African Citizenship Amendment Act, 2010, was a South African citizen by birth; or |
| (b) | who is born in or outside the Republic, one of his or her parents, at the time of his or her birth, being a South African citizen, |
shall be a South African citizen by birth.
| (2) | Any person born in the Republic and who is not a South African citizen by virtue of the provisions of subsection (1) shall be a South African citizen by birth, if— |
| (a) | he or she does not have the citizenship or nationality of any other country, or has no right to such citizenship or nationality; and |
| (b) | his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992). |
| (3) | Any person born in the Republic of parents who have been admitted into the Republic for permanent residence and who is not a South African citizen, qualifies to be a South African citizen by birth, 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 is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992). |
[Section 2 amended by section 2 of Act No. 17 of 2010]
