The Miss South Africa pageant has recently become the epicentre of a heated debate surrounding national identity and citizenship laws in South Africa.
This controversy was sparked by the participation of Chidimma Adetshina, a 23-year-old law student with a Nigerian father, who has faced relentless online abuse and scrutiny questioning her South African citizenship.
“Chidimma Adetshina’s situation highlights the nuances and complexities of the Citizenship Act,” says Stefanie De Saude Darbandi, a leading immigration specialist from DSD Attorneys. “Despite her Nigerian heritage through her father, Chidimma was born in Soweto and has a South African mother, thereby fulfilling the criteria for citizenship.”
Understanding the South African Citizenship Act
The South African Citizenship Act of 1995 outlines the criteria for citizenship, significantly revised post-January 2013. The Act now uniformly grants citizenship to individuals born to a South African citizen, regardless of where they are born, states De Saude Darbandi.
“Before this change, the law distinguished between those born within and outside the country. Prior to January 2013, a child born abroad to a South African parent was entitled to citizenship by descent, whereas those born in South Africa to a citizen, or a permanent resident (PR) holder were automatically citizens,” she says.
After the 2013 amendments, children born in South Africa to PR holders are classified as foreigners unless one parent is a South African citizen and only qualify for citizenship status at the age of 18. Moreover, citizenship by descent is now limited to children adopted under the Children’s Act, emphasising that one parent must be a South African citizen at the time of adoption, states the DSD Attorneys expert.
Miss South Africa finalist Chidimma Adetshina in the eye of controversy
Since being announced as a contestant on 1 July, Chidimma Adetshina has faced intense scrutiny, including accusations of favouritism towards Nigeria after a video showed her celebrating with Nigerian relatives.
De Saude Darbandi questions, “Why should this be an issue? It’s natural to share successes with loved ones, regardless of their nationality. Perhaps Chidimma is sharing these moments with her Nigerian family because she takes pride in showing them how she is also representing their heritage on an international stage.”
“Trevor Noah, for instance, shared his achievements with his father upon finding success in the United States. Chidimma has proudly declared, ‘I am proudly South African and Nigerian,’ symbolizing peace and unity. This duality should be respected, as it embodies the spirit of inclusivity and the celebration of diverse cultural identities. Her actions highlight the positive expression of dual identity, fostering a sense of connection and pride across borders.”
“Chidimma’s dual identity can serve as a positive example of this unity,” De Saude Darbandi states.
South Africa’s Minister of Sport, Arts, and Culture, Gayton McKenzie, has called for an “investigation” into Adetshina’s national allegiance.
De Saude Darbandi, on the other hand, states the Miss South Africa finalist meets all the requirements to participate in the pageant.
“Chidimma meets all the requirements to be a contestant in Miss South Africa, which include being a South African citizen. While the Department of Home Affairs (DHA) records are not always infallible, they do not hastily grant citizenship status. Should there be any error, the DHA would need to prove it. ”
“Nonetheless, the law is clear: if Chidimma’s mother was a South African citizen or a PR holder at the time of her birth, then Chidimma is a South African citizen by law, regardless of any clerical errors or public debate. We must all respect the law, which affirms her citizenship,” notes De Saude Darbandi.
Rather than questioning her nationality, we should focus on the excitement and joy that the Miss South Africa pageant brings. This event is an opportunity to showcase the beauty, talent, and diversity of our country, concludes De Saude Darbandi.
This article was adapted from a press release issued by Stanley House’ Kathleen Pretorius.