Draft Revised White Paper On Citizenship, Immigration And Refugee Protection (December 2025): Impact On Refugee Protections, Section 4(3) Naturalisation Applications Of The Citizenship Act 88 Of 1995 And Birth Registration.

Impact on Refugee Protections, Section 4(3) Naturalisation applications of the Citizenship Act 88 of 1995 and Birth Registration.

1. Key New Changes Introduced

1.1 Citizenship Reforms

1.1.1 Retention of the 1951 Refugee Convention instead of withdrawing (reversal of initial 2024 proposal).

1.1.2 The initial proposal was to withdraw from the 1951 Refugee Convention; however this was challenged due to constitutional constraints and the DIRCO expressly advised that withdrawing from the Convention would harm South Africa's diplomatic standing because withdrawal would signal retreat from global humanitarian norms and undermine South Africa's credibility in human rights-based diplomacy.

1.1.3 Expanded First Safe Country Principle, allowing DHA to reject applications if applicants travelled through designated safe counties.

1.1.3.1 Under this principle, an asylum seeker is expected to request protection in the first safe country they enter, rather than travelling onward to another country of preference.

1.1.3.2 This principal could result in the risk of refoulment, the department states that in order to prevent this risk, the minister will of DHA will need to designate safe countries that have ratified the 1951 convention on the status of refugees on an annual basis as well as entering into bilateral agreements with safe, third countries. This is South Africa's way of supporting the United Nations High Commissioner for Refugees route-based approach.

1.1.4 Relocation of RRO's, Intelligent Population Register- Virtual / digital asylum processing, including remote interviews, biometric capture and port‑of‑entry‑based processing only.

1.1.4.1 The reform introduces digital and virtual processing, including: Remote interviews via secure digital platforms; Electronic submission of evidence and personal information; Online scheduling and communication; Integration of machine learning tools for triage, fraud detection, and workflow management. The white paper further proposes relocating RRO's to ports of entry as a long-term goal.

1.1.5 Integration of SCRA and RAASA into a single Home Affairs Administrative Review/Appeals Authority.

1.1.5.1 The Revised Draft White Paper proposes an establishment of a single DHA/Review and Appeals Authority which will be empowered to review and consider appeals from any person who is aggrieved by a DHA decision in the following areas:

1.1.5.1.1 Visas and permits, including migration and refugee visas and permits

1.1.5.1.2 Border law enforcement including entry refusal and overstaying.

1.1.5.1.3 Arrest, detention and deportation

1.1.5.2 Citizenship, including loss and refusal of citizenship,

1.1.5.3 Civil registration, including birth, marriage and death registration and,

1.1.5.4 IDs and traveling documents as well as refusal to issue IDs and passports.

1.1.6 The Revised Draft White Paper proposes the introduction of specialized immigration courts to address systematic delays and the backlog of the High Court. This includes the introduction of litigation tracking and enforcement mechanisms to track all litigatious matters, coordinate immigration enforcement units and litigation teams, identify repeat offenders and combat corruption.

1.1.7 Stricter Permanent Residence eligibility for refugees through the Points‑Based System (PBS).

1.1.7.1 This point-based system for economic migrants prioritises people who can contribute to the economy, i.e. entrepreneurs and investors over tenure in the country.

1.1.7.2 Permanence residence will no longer be dependent on the number of years spent in South Africa.

2. Changes to Citizenship

2.1 Citizenship Reforms

2.1.1 In South Africa, citizenship is passed down from parent to child, anchored by the principal of "jus sanguinis" which means that regardless of where a person was born, if one of their parents was a South African citizen, they automatically acquire South African citizenship.

2.1.2 The Citizenship amendment of 2010 introduced the principle of "jus soli" , which allows for citizenship to be acquired by birth regardless of the parents' citizenship status as long as a person was born in the Republic.

2.1.3 The Revised Draft White Paper proposes an introduction of a Points‑Based System (PBS) for citizenship through economic pathways for people who "demonstrate long-term commitment to the countries growth, stability and prosperity". This means a person's skills, economic contributions and social impact will determine whether or not a person obtains citizenship. Citizenship will be reserved for individuals who contribute to the economy such as entrepreneurs, skilled professionals, and investors.
The Revised Draft White paper confirms that citizenship will continue to be automatic for children with at least one South African Parent, and that a formal assessment mechanism will be established for stateless children to determine their eligibility for naturalization.

Permanent resident holders applying for citizenship through non-economic pathways will have a structured waiting period to demonstrate that they have a " long-term commitment, social integration and compliance with South African laws before acquiring full citizenship rights".

The Revised Draft White Paper proposes that only children born in South Africa who have no other nationality or whose citizenship cannot be verified may apply for citizenship, after undergoing a formal statelessness determination, replacing the current automatic access under section 4(3) of the Citizenship Act

2.1.4 The new proposal introduces a "special visa" for children of migrants, who are born in SA and have no ties to any other nationality. This "special visa" is automatic while an investigation is ongoing.

2.1.5 The statelessness of the child will be determined by the Department of Social Development and Children Court, an Independent Statelessness Committee and a Citizenship Advisory Panel.
There is no clarity offered on whether this "special visa" will replace a birth certificate or if the two will operate alongside one another.

2.1.6 The Revised Draft White Paper introduces the creation of a Citizenship Advisory Panel "CAP" to vet applications and advise the Minister. The CAP will be an independent oversight body tasked with the following:

2.1.6.1 Reviewing and assessing applications for citizenship;

2.1.6.2 conducting due diligence and risk assessments to ensure that applicants meet the defined criteria; and

2.1.6.3 providing formal recommendations to the Minister of Home Affairs for final approval or rejection.

2.1.6.4 Uncertainty remains about the operations of sections 2(2) and 4(3) of the Citizenship Act, the deadline CAP to make recommendations and a decision, the "special visa", what it covers, the duration and any renewal processes and its operation in relation to a birth certificate.

2.2 Civil Registration Reforms

2.2.1 The Revised Draft White Paper introduces the Universal mandatory digital birth and death registration covering citizens and all foreigners living in SA.

2.2.2 Creation of an Intelligent Population Register (IPR) including biometrics of every person in SA. Currently, the National Population Register only captures the biometrics of South African Citizens. The introduction of the IPR will not be limited to citizens but will include all those who live in the Republic.

2.2.3 Hospital‑based biometric birth registration, including linking newborns to parents' biometrics (citizen or foreign national)

2.2.4 Introduction of Remote work visa, start‑up visa, sector‑based work visa, and sports & arts visa.

2.2.5 Replacement of general work & critical skills visas with a Skilled Worker Visa adjudicated via PBS.

2.2.6 Visitor's visa overhaul: no work/study/business unless specifically authorised.

2.2.7 Investment‑linked financially independent visa replacing existing permanent residency category.

2.2.8 Reintroduction of immigration practitioners and creation of specialised immigration courts.

2.2.9 Administrative fines for overstayers replacing blanket undesirability bans.

3. Potential Challenges

3.1 The digitization of systems may lead to a risk of denial of access for applicants with poor digital literacy or connectivity as well as potential system errors and biometric mismatches may block legitimate asylum claims.

3.2 Citizenship Determination is dependent on a bureaucratic determination process may increase statelessness and result in delays in assessment which could violate children's rights under the Constitution.

3.3 First Country Principle may blur the lines of the principle of non-refoulment if not practiced correctly and needs SA to have bilateral agreements with various countries in order to make this enforceable.

3.4 Implementation will be complex and administratively challenging, especially in terms of combining RAASA and SCRA and has the potential to create even more backlogs.

3.5 There is no clarity on timeframes, guidelines, specific requirements or enforcement and appeal/review mechanisms.

3.6 These changes will put a strain on the fiscus and there are no guarantees that they will achieve the desired result.

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