Renunciation of south african citizenship welcome to the. It has to be done in the country where one resides when the. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. The republic of south africa rewrote its nationality law after the end of apartheid in 1994 and the establishment of majority rule in the country under the. To be eligible applicants must have already obtained the citizenship of another country because with effect of the renunciation, the person cannot become a stateless person. Understanding the south african nationality law and how it.
He discussed the regulations related to the south african citizenship amendment act with the aid of the slides. Citizenship granted solely on the basis of birth in a territory by jus soli is a separate concept, and. Marite and libakiso mathlo women and law in southern africa, lesotho. South african citizenship amendment act 70 of 1991 repealed amended by sa citizenship amendment act 17 of 2010 from 1 jan 20. Polity offers free access to south african legislation, policy documents and daily political news. Dual south african citizenship welcome to the south african. South african citizenship and dual nationality breytenbachs. You will only receive further communication from the da about the campaign if you consent to this and provide your contact details at.
Given the short history of south african democratic citizenship, the report will focus on. Act to provide for the acquisition, loss and resumption of south african citizenship. In some circumstances in some countries, the law provides that an individual can obtain retroactive recognition of citizenship from birthof origin after birth. South african citizenship act, 1995 it is hereby notified that the president has assented to the following act which is hereby published for general information. The path to getting south african citizenship getting south african citizenship means being a rightful citizen of one of the most beautiful and dynamic countries in the world. Every former south african citizen who would not have ceased to be a south african citizen in terms of any provision of the principal act if an act mentioned in the schedule had not been passed, shall be a south african citizen.
Declaration of renunciation of south african citizenship 7. Refugees act no of 1998 south african citizenship act no. Act to amend the south african citizenship act, 1995, so as to repeal a provision in. South african citizenship act updated to 28 december 2012 act 88 of 1995 notice 1547, g. An act to make provision for south african citizenship and for matter incidental thereto. Home affairs republic of south africa renunciation of south african citizenship section 7. Powers and duties of directorgeneral registration of births 3. An almost complete set of african citizenship laws has been collected. To provide for the acquisition, loss and resumption of south african citizenship.
Citizenship law in africa as an adult or following any administrative process. Amended by sa citizenship amendment act 17 of 2004 from 15 sep 2004. Restoration of south african citizenship act no 73. Citizenship law in africa a comparative study unhcr. Saqa means the south african qualifications authority established in terms of the national qualifications framework act, 2008 act no. South african citizenship act implementation and regulations. The bantu homelands citizenship act of 1970 made every black south african, irrespective of actual residence, a citizen of one of the bantustans, thereby excluding blacks from the south african body politic. Words underlined with a solid line indicate insertions in existing enactments.
The minister of home affairs has, in terms of section 32 of the births and deaths registration act, 1992 act no. Four of the bantustans were granted independence as republics, and the remaining had varying degrees of selfgovernment. Published by african minds on behalf of open society foundations 224 west 57th street new york, ny 10019. The south african citizenship amendment act 2010 no. A south african passport is a valid proof of citizenship document. Constitutional citizenship in south africa international. The black homeland citizenship act of 1970 south african. Before, british citizens needed a mere two years in the country to qualify as south africans. Da abroad calls on south africans abroad to assist with our. Notice of birth for children born of south african citizens 4.
Republic of south africa application for the resumption of south african citizenship section 3. The minister of home affairs has, under section 23 of the south african citizenship act, 1995 act no. The black homeland citizenship act 26 of 1970 assent gained 26 march, subsequently renamed the black states citizenship act, 1970 and the national states citizenship act, 1970, was a denaturalization law which was instrumental to this effect and required that all south african blacks become citizens of one of the selfgoverning territories. Definitions the act shall bear the meaning so assigned to. It has to be done in the country where one resides when the second nationality is obtained. Government gazette staatskoerant south african government. Home affairs republic of south africa renunciation of south african citizenship section 7 1. Definitions the act shall bear the meaning so assigned to it. South african citizenship act south african government.
In the following article about south african citizenship we would only like to provide an overview of how to obtain it. Amended by immigration act of 2002 from 20 feb 2003. Requirements for south african citizenship applications. In terms of the south african citizenship amendment act of 2004, which came into effect on 15 september 2004, it is now an offence for a major south african citizen to enter the republic or depart making use of the passport of another country. Constitutional citizenship in south africa 107 african territory, one might conclude that governmental involvement would trump the extraterritorial location of the applicants. South african citizenship can, subject to the provisions of the south african citizenship amendment act 17 of 2010, which came into force 1st january 20, be acquired by birth, descent and naturalisation. It allows the bearer to travel in foreign countries in accordance with visa requirements, and facilitates the process of securing assistance from south african consular officials abroad, if necessary. Discover more about south african citizenship, including all of the requirements and how to go about submitting an application. The south african citizenship act provides for retention of south african citizenship prior to the acquisition of a foreign citizenship.
According to chapter 2 of the 1995 law, anyone who was considered to be a citizen by birth prior to the enactment of the law or who is born in the republic on or after the enactment of the law is a citizen by birth. A south african passport is a travel document issued to citizens of south africa for the purpose of international travel. In south african schools, the state as the political parent of all its school children 7 to 18 years of age, hopes to foster good citizenship, and what the former head of state thabo mbeki called a new patriotism department of education, 2001, p. A condition of attaining dual citizenship for all south african citizens aged 18 years or older is that they must apply and be granted permission to retain their south african citizenship prior to the acquisition of a foreign. Please note that your details will only be used to challenge section 61a of the south african citizenship act 88 of 1995 the act. The citizenship legislation, effected on 6 october 1995 act 88 of 1995 provides for south african citizens to apply to voluntarily renounce their south african citizenship. Unless you are born in south africa or have south african parents, you can apply for south african citizenship after holding a permanent residence permit for five years, by marrying a south african citizen or by being a minor with a permanent residence visa. Unless you are born in south africa or have south african parents, you can apply for south african citizenship after holding a permanent residence permit for five years, by marrying a south african citizen or by being a minor with a permanent. In terms of section 2 of the south african citizenship act 88 of 1995 which was amended in 2010, a citizen by birth is someone who was already a citizen by birth prior to the commencement of the amendment act or someone who was born in or outside of the republic of south africa and, at the time of the childs birth, one or more of the child. An application for retention of south african citizenship, contemplated in section 62 of the act, must be in a form containing substantially the information in annexure 3 dha1664. Citizenship, civilisation and the creation of south africas immorality act, 1927. To amend the south african citizenship act, 1995, so as to further regulate citizenship by descent. The 1949 act established south african citizenship.
The process of retaining ones south african citizenship must be done through a formal application. You will only receive further communication from the da about the campaign if you consent to this and provide your contact details at the end of the survey. Understanding the south african nationality law and how it affects your south african citizenship. Manner of reference to the act, previously constitution of the republic of south africa, act 108 of 1996, substituted by s. The 1995 south african citizenship act revoked the previous union of south africa act of 1949 which replaced the british nationality act and apartheidera 1970 act, the 1970 act had established separate bantustan citizenship to the countrys african majority and inferior levels of citizenship to the countrys asian and coloured minorities. South african citizenship act 88 of 1995 gazette no. The south african citizenship act, 1995 act 88 of 1995 was amended by the south african citizenship amendment act, 2010 act no. According to the south african citizenship act act 88 of 1995 as amended by the south african citizenship amendment act act 17 of 2004, south africans may hold dual citizenship, but may not use their citizenship of another country to gain advantage or avoid responsibility while in south africa. Citizenship law in africa open society foundations. South african citizenship act presidents office no.
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