Stateless in South Africa: The untold crisis facing millions without documentation
Earlier this year, Home Affairs Minister Leon Schreiber sounded the alarm on what he described as a ‘silent crisis’ gripping the country, as millions of South Africans continue to live without identity documents.
This quandary has only been exacerbated as anti-immigrant groups like Operation Dudula and the March and March Movement demand that those seeking healthcare provide documentation before entering public facilities.
“I say there is a silent crisis in the country of undocumented South Africans. There are children who are going to school who didn’t have their birth registered,” Schreiber told the National Council of Provinces.
The minister warned that undocumented children are being denied access to essential rights such as education, healthcare, and social grants.
When it comes to figures, undocumented South Africans are in the millions. Lawyers for Human Rights (LHR), a prominent legal advocacy group, has been actively engaged in highlighting the issue of statelessness and undocumented citizens.
In a submission to Parliament in 2021, LHR noted: “The full extent of this phenomenon in South Africa is unknown due to the lack of a dedicated statelessness determination mechanism or procedures to capture data on the issue.
“However, indicative estimations, including by the World Bank, suggest that there were over 15 million undocumented people in South Africa in 2018. The figure refers to both citizens and residents of the country.”
Health Minister Aaron Motsoaledi has also raised the issue, yet his estimates are lower.
“According to statistics, 11% of South Africans are undocumented. If you look at our population, 11% will be about six million people. They don’t have any form of documents, but they are not illegal,” the health minister, Aaron Motsoaledi, told the SABC.
A person becomes undocumented primarily due to:
Birth to undocumented or stateless parents without registration.
Administrative failures or a lack of proper documentation.
Loss or renunciation of citizenship without acquiring another nationality.
Gaps in legal or procedural frameworks for stateless individuals.
Undocumented South individuals can access help through several channels, ranging from government services to civil society support:
Children who were never registered at birth can have their birth registered at Home Affairs.
The department also has special provisions that exist for those who have lost their ID or were never issued one.
The South African Human Rights Commission (SAHRC) offers advice and can intervene if government departments fail to uphold rights of undocumented citizens.
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