Despite Chidimma Adetshina and her mother having their South African ID documents and passports revoked by the Department of Home Affairs, there is one loophole she can use to win back her citizenship.

Earlier this week, officials revealed that the Miss Universe Nigeria winner – who was born in SA to a Nigerian father and Mozambican mother – did not meet a deadline to make representations proving her innocence.

This follows a thorough investigation following reports of identity theft and fraud. DHA also claimed that both Chidimma and her mother are facing criminal prosecution by the Hawks.

HOW CHIDIMMA CAN WIN BACK HER SOUTH AFRICAN STATUS

In a bombshell announcement earlier this week, the Department of Home Affairs claimed that it would be proceeding with criminal charges against Chidimma Adetshina and her mother.

This, after their ID and passports are cancelled and withdrawn.

So what does it mean for the beauty queen who withdrew from the Miss SA pageant to enter the Miss Nigeria Universe one instead?

According to immigration lawyer Stefanie de Saude Darbandi, this means Chiuimma and her mother are “no longer South African citizens and no longer have the privileges they once had as South Africans.”

Stefani told Newzroom Afrika: “The basis of her acquiring citizenship was her mom’s status, which we understand to be the case. If the mom’s status is in question and is going to be withdrawn, then anyone who acquired a status based on the mother, will lose their status”.

Stephani added that Chidimma was not considered “stateless,” as she has Nigerian citizenship on her paternal side and a claim to Mozambican citizenship related to her mother’s ancestry.

However, Chidimma could win back her SA citizenship via a loophole.

She added: “There is a provision in the Citizenship Act that allows for her to have citizenship status regardless of the status of the parents or regardless of what her parents may have done. In order to qualify for that, all she has to prove is that she was born here and, that her birth was registered in terms of the Birth and Registration Act, and that she lived here until the age of 18.

“I think she ticks all of those boxes

She continued: “If she wanted, she could apply for SA citizenship on that basis. But it would be a formal application that would have to be submitted to Home Affairs, considered by Home Affairs, and approved by Home Affairs.”

CAN SHE STILL COMPETE AT MISS UNIVERSE?

While making headlines in South Africa, Chidimma Adetshina has been posting extensively about her time in Mexico, where she will compete in the Miss Universe pageant on 16 November.

While she is no longer considered a South African citizen, she will likely retain her Nigerian citizenship, as her father was born in the African country.

Her participation at the Miss Universe will not be affected as organisers have made amendments that titleholders do not necessarily have to be born or live in the country they represent.