Chapter 2 - CitizenshipSouth Africa's citizenship lawThere are three ways in which a person can be a citizen:
Citizenship by birth and descent are legal rights for anyone who can prove the facts of birth and parentage. Citizenship by naturalisation is not a legal right. It can be granted or refused by the Minister of Home Affairs. Citizenship by birthA person has to prove the place where he or she was born and the date of birth. The place must be a place within South Africa as it is now. (It no longer matters if a person was born in one of the old homelands. They are all part of South Africa again and the whole history of homeland independence and citizenship is wiped out.) Proving a birth can be very difficult if there is no birth certificate, or if the person was not born in a hospital or clinic. We have to think hard with the client about what kind of proof might be available. Documents which can help are:
But Home Affairs is not easily satisfied if the only proof is affidavits so try to find some other kind of documents which can be attached to the affidavits. In terms of the South African Citizenship Act (No. 88 of 1995) a child born in South Africa to parents where one was either a South African citizen or a South African permanent residence holder at the time of the child’s birth, will be a South African citizen by birth in the case of births from 6th October 1995 when the Act came into operation. The position before that was governed by the South African Citizenship Act of 1949 which contained a wide range of different requirements over the years. To determine a person’s claim to South African Citizenship in respect of births in that era a person usually needs to complete a BI-529 (Determination of Citizenship Status). Citizenship by descent (Not born in South Africa)This makes provision for South African citizenship for children born outside South Africa. If one of the child's parents is a South African citizen the child has a right to South African citizenship IF that parent registers the birth at the nearest South African embassy or consulate, or sends the proof of the birth to the Department of Home Affairs in Pretoria.
See CITIZENSHIP, Checklists, Not born in South Africa Citizenship by naturalisationIf a person is a citizen of another country but wants South African citizenship she or he can apply to the Minister of Home Affairs for Citizenship. According to the Eighth Amendment Act of the Regulations in terms of the South African Citizenship Act (1995) that came into operation on 1 April 2003, a fee may be charged for the duplication of the certificate. These are the conditions that the person must fulfil when applying for citizenship:
BUT this application for citizenship can be refused by the Minister even if the person seems to fulfil all the conditions. It is regarded as a privilege not a right. How can a person lose South African citizenship?South African citizenship cannot be taken away from anyone unless that person also has the citizenship of another country. A person can lose South African citizenship by:
OR
Anyone who complains that their South African citizenship has been taken away MUST be referred to a lawyer. Dual citizenship A South African citizen cannot have dual citizenship, in other words, be a citizen of two countries at the same time. The original citizenship will automatically be cancelled if a person is granted citizenship of another country According to the South African Citizenship Amendment Act (No 17 of 2004) a citizen is guilty of an offence and is liable to a fine or imprisonment IF he/she:
According to the Eighth Amendment Act of the Regulations in terms of the South African Citizenship Act, the following fees are applicable:
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