Chidimma’s citizenship scandal: What comes next?

The investigation into former Miss SA Chidimma Adetshina’s citizenship has taken a dramatic turn after the Department of Home Affairs (DHA) disclosed that both her parents were implicated in the fraudulent registration of her birth.

The beauty queen – who is now a finalist in the Miss Universe Nigeria pageant – has a Nigerian father and an alleged Mozambican mother.

On Tuesday, 20 August, the department released an update on the investigation, including information that the Directorate for Priority Crime Investigation (Hawks) had been roped into the probe.

But what does this mean for the citizenship status of the Chidimma?

CHIDIMMA CITIZENSHIP STATUS: COULD SHE BE RENDERED STATELESS?

Addressing parliament, Advocate Pheleni Khumalo, DHA Head of Legal Service, discussed the implications of the actions of Chidimma Adetshina’s parents, who allegedly fraudulently registered her birth in 2001.

He said: “Now that the mother’s status is in question, in the event that the DG [Director General] finally cancels that identity document, the registration itself [of birth] was fraudulent. And therefore, that status cannot stand in law.

“She would qualify to apply via the Section 43 of the [Citizenship] Act, assuming that she was born in the country and her birth was registered in terms of the Birth and Death Registration Act.

“The problem she will then face is that the legislature would not have anticipated a fraudulent registration of birth”.

He continued: “When everything is cancelled, does it render her stateless? Does she have Nigerian citizenship, does she have Mozambican citizenship? We will have to navigate that point in time. But that will happen when the investigation is completed.”

FACTS ABOUT THE INVESTIGATION

Here is what we know so far about the progress in the DHA  investigation into Chidimma Adetshina’s parents.

• Home Affairs has identified officials who were involved in the fraudulent registration of Chidimma’s birth in 2001. One of them has since passed on. The others are under investigation
• The woman whose identity was allegedly stolen by Chidimma’s mother was registered by her own mother in Tshwane in 1982. 
• In 1995, she applied for her ID . However, she discovered that it had been issued at a Johannesburg branch, which she had not visited. 
• In 2001, the woman also gave birth to a child. When attempting to register the child’s birth, she discovered that a child was already registered under her ID number. That child was registered as Chidimma Vanessa Onwe Adetshina.
• Home Affairs has since visited both Chidimma’s mother and the woman whose identity was allegedly stolen.
• Chidimma’s mother was issued with a Promotion of Administrative Justice Act letter.  How she responds to it will determine the way forward with regard to prosecution.
• Chidimma’s father was also allegedly involved in the fraudulent registration of her birth. It’s unclear if either he or Chidimma’s mother had valid documentation to be in South Africa.
• Chidimma’s ID and passport have not cancelled her identification pending the investigation; however, she could have travel restrictions imposed.

WHAT WILL HAPPEN IF CHIDIMMA’s DOCUMENTS ARE DISCOVERED TO BE FRAUDULENT?

According to Stefanie De Saude Darbandi from DSD Immigration Attorneys, Chidimma’s mother could be rendered an illegal foreign national if the DHA finds that her permanent residency and citizenship were fraudulent.

She said: “According to South African law, a prerequisite for citizenship by naturalisation, which we were told is how she obtained her status, is holding a valid permanent residency permit. We don’t know if Chidimma’s mother actually had permanent residency status, but this would have been one of the lawful requirements to meet.

“If her mother had lawful permanent residency at the time of Chidimma’s birth, then Chidimma’s citizenship might, in law, still stand. However, if her mother’s permanent residency and subsequent citizenship were fraudulent, then Chidimma’s status as a South African citizen is in jeopardy, potentially rendering her an illegal foreigner.”

However, there could be a loophole for Chidimma to remain a SA citizen under Section 43 of the Citizenship Act.

De Saude Darbandi continued: “If she was born in South Africa, had her birth registered here and has lived in the country until reaching the age of majority, she may still qualify for citizenship regardless of her parents’ status.”

According to X user @ernst1023, the Citizenship Act does consider the best interests of the child. There could also be a restorative option, where the legislature can “make provisions to allow the innocent party to retain citizenship or obtain residency status if it’s determined that the wrongdoing was not their fault.”