Adetshina’s plight should make us focus on belonging, identity and citizenship

Adetshina’s experience is a poignant reminder of the human cost of prejudice and the importance of fostering a culture of empathy and understanding

Recently, the minister of home affairs made a statement casting doubt on the citizenship status of Chidimma Adetshina’s mother, alleging it to be fraudulent. This development added a new layer of complexity to the ongoing conversation about Adetshina’s identity and her participation in the Miss South Africa pageant. While many South Africans were upset by her celebration with a Nigerian flag and family, it is essential to step back and view this situation with a broader perspective.

Initially, the controversy surrounding Adetshina’s background was fuelled by xenophobic sentiments. Many assumed she was Nigerian due to her choice of flag and her family’s heritage. Unfortunately, with the allegations of fraud, these assumptions may seem justified to some. This situation underscores how prejudice and unfounded suspicion can influence perceptions, and how these biases can be reinforced by subsequent events.

It is crucial to understand that a foreigner alone cannot commit identity theft without assistance from someone within the system. Fraudulent activities often involve multiple parties, and in many cases, foreigners approach the department of home affairs for assistance and are provided with incorrect guidance. It’s possible that Adetshina’s mother might have been a victim of such systemic issues, rather than a perpetrator of fraud.

The exact nature of the allegations against Adetshina’s mother remains unclear. We don’t know whether the fraudulent activity pertains solely to her citizenship status or if it also involves a permanent residency. 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 Adetshina’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 Adetshina’s birth, then her citizenship in law should still stand. However, if her mother’s permanent residency and subsequent citizenship were fraudulent, then Adetshina’s status as a South African citizen is in jeopardy, potentially rendering her an illegal foreigner.

Regardless of the outcome, it is important to recognise that Adetshina is a victim in this situation. She has lived her entire 23 years in South Africa, believing herself to be a legitimate citizen. She should not bear the consequences of any fraudulent actions taken without her knowledge or consent. It’s also vital to consider that home affairs’ systems and processes sometimes fail, leading to unintentional fraudulent statuses for individuals.

South African citizenship law, particularly section 4(3) of the Citizenship Act, offers a pathway for individuals like Adetshina. 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. This provision serves as a safeguard, ensuring that individuals who have established their lives in South Africa are not unfairly penalised due to bureaucratic errors or their parents’ actions.

Her story is not only about a beauty pageant; it is about identity, belonging and the right to be recognised as a part of the nation one calls home

The pageant rules and regulations regarding citizenship must be examined in light of these developments. It is a challenging and unprecedented situation, and it requires a compassionate and fair approach from all parties involved.

This case should serve as a wake-up call for all South Africans. It highlights the need to address systemic issues within the department of home affairs and to ensure that the processes for obtaining residency and citizenship are transparent and fair. Moreover, it calls for introspection about the pervasive xenophobia and discrimination in our society. Adetshina’s experience is a poignant reminder of the human cost of prejudice and the importance of fostering a culture of empathy and understanding.

Her story is not only about a beauty pageant; it is about identity, belonging and the right to be recognised as a part of the nation one calls home. For 23 years, she has lived as a South African, contributed to the community, and now finds herself in the spotlight, facing an identity crisis. It is a distressing situation, and one can only imagine the emotional turmoil she is experiencing.

Let us remember that behind the headlines is a young woman whose life has been turned upside down. Her journey is a call to action for greater inclusivity, understanding and reform. We must ensure that our laws and systems protect the rights of individuals and reflect the values of a just and equitable society.

Adetshina’s case is a complex one, but it should prompt us to reconsider our attitudes towards identity, citizenship and prejudice. This situation calls for a reflection on how we treat and view foreigners, especially those from the African continent. It serves as a reminder of the urgent need to embrace Pan-Africanism and combat xenophobia and Afrophobia. Every person has a story, and every story deserves to be heard with compassion. Let this be an opportunity to build a more inclusive South Africa, where diversity is celebrated and everyone, regardless of their origin, has the chance to belong.

• Stefanie De Saude-Darbandi is from DSD Immigration Attorneys.

This piece was written before Adetshina's withdrawal from the Miss South Africa pageant.