Dual Citizenship and Migration Management in South Africa: The Case of Chidinma Adetshina

By: Stanley Ehiane

Dual citizenship and migration management are complex and essential issues that highlight the greater challenges of establishing a balance between economic interests, individual rights, and national security in an increasingly linked globe. When a person has dual citizenship, controlling migration becomes more difficult since it may be necessary to coordinate the immigration rules and regulations of many countries. The many ways in which dual citizens contribute to the economy through employment, investments, and taxes can influence labour markets and economic development plans.

The International Organisation for Migration (IOM) describes migration governance as a set of legal norms, laws, regulations, policies, practices, and organisational structures. This comprehensive framework guides and governs how states respond to migration in all its manifestations at the subnational, national, regional, and international levels. Citizens, migrants, non-governmental groups, and international organisations all play a role in the complex landscape of migration governance. This emphasises the two facets of migration governance: the national dimension, which is governed by the state, and the global dimension, which is made up of conventions, laws, values, decision-making protocols, and institutional frameworks that guide the behaviour of both states and other transnational organisations.

There is a growing trend globally and in Africa for nations to allow dual nationality, although international human rights legislation leaves it up to the state to decide whether to allow someone with one nationality to also hold the nationality of another. Nowadays, the vast majority of African states allow dual nationality for both naturalised citizens and citizens from birth. In several countries, including South Africa, official approval is necessary. Dual citizenship is legal in South Africa, subject to certain conditions. To keep their South African citizenship while getting a foreign nationality, South African people must first petition the South African government for authorisation to do so.

South Africa’s Constitution of the Republic of South Africa (1996) indicates that migration management is a complicated and diverse subject. Because of its long history of migration, South Africa has become a magnet for immigrants and refugees from a range of countries. These people migrate to the country in pursuit of better economic possibilities, access to education, and protection from political upheaval, natural catastrophes, and political instability in their own countries. However, this immigration has resulted in a slew of social and economic issues, including overburdened public services, increased crime rates, and xenophobia. Regulations such as the Immigration Act of 2002 and Department of Home Affairs recommendations stress the need to clarify South Africa’s immigration rules (2017).

Dual citizenship can have an influence on immigrants’ absorption into South African society, influencing social cohesion, political involvement, and cultural diversity. Dual citizens typically can transfer assets and money across international borders, which may have both positive and negative consequences on the economy. The administration of dual citizenship in South Africa influences border control operations, immigration regulations, and diversity and inclusion management strategies.

One of the government’s primary strategic aims is to ensure the secure and effective management of international migration, which benefits South Africa’s interests and allows the country to meet its duties under international accords. To do this, the government is aiming to develop rules and regulations that will properly assess and safeguard South African residents’ identities and statuses, as well as control migration to preserve security and honour the country’s international obligations. South Africa’s migration policy is guided by policies and regulations that limit foreign nationals’ entrance, residence, and employment. Because of its economic status in the region, the country has significant migration challenges, resulting in enormous influxes of migrants from nearby countries and outside.

Adetshina Chidimma was born in South Africa, to a Mozambican-born South African mother and a Nigerian father. She is a naturalised South African who was raised in Cape Town. Chidimma was reared in South Africa by her father, who was born in Nigeria. One would assume that because she was reared there, she would have no difficulty competing for Miss South Africa. However, this is not even near to reality. In an unusual decision, she withdrew from the Miss South Africa event after being named a finalist earlier this year in July. The primary area of contention in this case was her Nigerian origin and her nomination for a crown that represented South Africa.  South Africans have serious reservations regarding Adetshina’s eligibility to compete in the beauty competition. She made it to the Top 30 and was a finalist in the Miss SA competition, establishing herself as a key figure in South African debates on racism and nationalism. Her competence to represent South Africa in the Miss South Africa pageant was questioned owing to her dual citizenship in Nigeria and South Africa. In response to the pageant organisers’ request to confirm Adetshina’s citizenship, the South African Department of Home Affairs launched an inquiry.

According to the South African Citizenship Act, a person becomes a citizen automatically if they are born in South Africa, have at least one parent who is a citizen or are adopted by a South African citizen or holder of a permanent residency visa. Ms Adetshina has dual citizenship in Nigeria and South Africa, and this Act provides the legal foundation for her South African citizenship. The events surrounding Chidimma Adetshina highlighted the nuances and complexities of the Citizenship Act. The South African Citizenship Act of 1995 outlines citizenship criteria, which were extensively revised after January 2013.  Anyone born to South African citizens is now automatically awarded citizenship under the Act, regardless of their birthplace. Before this change, the law distinguished between people born in the country and those born abroad.

Prior to January 2013, a child born in South Africa to a citizen or permanent resident (PR) was automatically awarded citizenship, whilst a child born abroad to a South African parent was eligible for citizenship by descent. Following the 2013 modifications, children born in South Africa to permanent residents are considered foreigners unless at least one of their parents is a citizen of the nation, and they may only seek citizenship when they turn 18. Furthermore, the Children’s Act now restricts citizenship by descent to adopted children, emphasising the requirement that at least one parent be a South African citizen at the time of adoption.
It is worth noting that some people have expressed discontent with Adetshina’s participation in the Miss South Africa competition, seeing it as a classic example of mutual distrust and anti-foreign bias. Nigerians are concerned that South Africa’s xenophobic history had a role in Adetshina’s treatment, while South Africans are leery of awarding their beauty prize to an undeserving opponent.

The Adetshina case demonstrates that migration governance in South Africa remains a complex and difficult issue that necessitates an all-encompassing, well-coordinated, and integrated strategy from the government and other stakeholders—that is, the entire society—as well as partnerships. Implementing the Department of Home Affairs’ 2017 White Paper on International Migration for South Africa can address the country’s migration governance concerns. To ensure the policy’s efficacy and sustainability, adequate resources must be allocated, as well as the participation of key stakeholders.

Human rights considerations must be considered while handling dual citizenship to avoid discrimination against persons based on their dual nationality. In legal and political matters, this includes protecting the rights of dual citizens. In conclusion, dual citizenship presents both opportunities and challenges for South African migration management, demanding a comprehensive policy that considers the social, legal, and economic implications.

Dr Stanley O. Ehiane is a Senior Lecturer in the Department of Politics and Administrative Studies at the University of Botswana, Gaborone, Botswana. He writes in his capacity.