Can a child born in South Africa to parents holding a Lesotho Exemption Permit (LEP) apply for South African citizenship? A practical guide for LEP families navigating the citizenship process.

Many parents from Lesotho living and working here are asking if a child born in South Africa to parents holding a Lesotho Exemption Permit (LEP) apply for South African citizenship because the rules can be very confusing when you are dealing with the Department of Home Affairs (DHA). While being born here does not make you a citizen automatically if your parents are foreigners, there is a specific section in the law that gives hope to those children who have grown up in the country and have never lived anywhere else. This topic has become a huge conversation on social media platforms like Facebook and X as the deadlines for permit renewals get closer and families worry about their children’s future.

Important details about the child born in South Africa to parents holding a Lesotho Exemption Permit (LEP) apply for South African citizenship

• Relevant Law: The South African Citizenship Act No. 88 of 1995, specifically Section 4(3).
• Involved Department: The Department of Home Affairs (DHA) led by Minister Leon Schreiber.
• Affected People: Children born in South Africa to Lesotho citizens who hold the LEP or the previous LSP (Lesotho Special Permit).
• Key Requirement: The child must have been born in South Africa and lived here until they turned 18 years old.
• Supporting Organizations: The Scalabrini Centre of Cape Town and the Legal Resources Centre (LRC) have been helping families with these legal battles.
• Current Status: The LEP has been extended until 2025, but the citizenship right for children is based on the Citizenship Act rather than the permit itself.

Everything you need to know about the citizenship process for LEP children

For many years, there has been a lot of back and forth between the government and foreign parents regarding the status of their kids. The main thing to understand is that South Africa does not follow the “jus soli” rule, which means you don’t get citizenship just by being born on the soil. However, the law was changed to help children who are “stateless” or who have lived here their whole lives. If a child born in South Africa to parents holding a Lesotho Exemption Permit (LEP) apply for South African citizenship, they can only do so once they reach the age of 18. This is according to the famous Section 4(3) of the Citizenship Act.

The Department of Home Affairs used to argue that because the LEP is a “special exemption” and not a permanent residence permit, the children should not qualify. But the courts have stepped in many times to say that the status of the parent shouldn’t stop a child who has only ever known South Africa from becoming a citizen. You can read more about these types of legal updates on the trending news section to stay updated on how the law is moving. Many families are now looking for legal help to force the DHA to accept these applications because the department often refuses them at the counter.

To make this application, the child needs an unabridged birth certificate that shows both parents’ details. It is also very important that the child has not lived in Lesotho or any other country during their childhood. If they went to school here from Grade R until Matric, it makes the case much stronger. Even though the LEP is a temporary permit, the High Court has shown that the rights of the child are protected by the Constitution. Parents are encouraged to keep all school reports, clinic cards, and baptism certificates as proof that the child has been in the country since birth. You can check the latest announcements from the official Home Affairs website for any changes in permit rules.

There is a lot of frustration on Instagram and TikTok where young people born to LEP holders share how they struggle to get IDs or apply for NSFAS because they are stuck in the middle. They are not fully Basotho because they don’t know Lesotho, but they are not yet recognized as South Africans. The process is slow and often requires a lawyer, but the legal right is there. Organizations like the Scalabrini Centre provide guides on how to approach the courts if the DHA turns you away. It is a long road, but for a child born in South Africa to parents holding a Lesotho Exemption Permit (LEP) apply for South African citizenship is a real possibility that can change their life.

Common questions about LEP children and South African citizenship

• Can a child get citizenship automatically at birth?
  No, they do not. The child remains a Lesotho citizen by descent until they turn 18 and apply for South African citizenship based on their birth and residence here.
• What happens if the parent’s LEP expires?
  The child’s right to apply for citizenship at age 18 is based on the fact that they were born here and lived here, so the parent’s permit expiry shouldn’t take away the child’s legal right, though it makes the family’s stay difficult.
• Which documents are most important for the application?
  The most important documents are the South African Unabridged Birth Certificate, proof of continuous residence (school records), and the parents’ LEP documents.
• Can a 16-year-old apply for a South African ID if their parents have LEP?
  Usually, no. They can only apply for citizenship (and then an ID) once they turn 18. Before that, they usually have to be registered on their parents’ permits or have their own study permit.
• Does the DHA accept these applications easily?
  To be honest, the DHA often rejects these applications at first. Many people have to use a lawyer or an NGO to write a letter of demand before the DHA will process the Section 4(3) application.
• Is there a difference between ZEP and LEP for this process?
  The rules are generally the same for both. Whether the parents have a Zimbabwe Exemption Permit or a Lesotho Exemption Permit, the child’s right comes from the Citizenship Act, not the type of permit the parent holds.
• Where can I get help if I am turned away?
  You should visit legal clinics or NGOs like the Legal Resources Centre or Scalabrini. They specialize in helping people who are treated unfairly by Home Affairs.