Act to amend the south african citizenship act, 1995, so as to repeal a provision in. 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. 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. 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. 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. 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. An almost complete set of african citizenship laws has been collected. The south african citizenship act provides for retention of south african citizenship prior to the acquisition of a foreign citizenship. You will only receive further communication from the da about the campaign if you consent to this and provide your contact details at.
Restoration of south african citizenship act no 73. Southwest africa prior to date of commencement of this act. To amend the south african citizenship act, 1995, so as to substitute, insert or delete certain definitions. Government gazette staatskoerant south african government. The 1949 act established 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. Words underlined with a solid line indicate insertions in existing enactments. Dual south african citizenship welcome to the south.
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. Please note that your details will only be used to challenge section 61a of the south african citizenship act 88 of 1995 the act. South african citizenship act 88 of 1995 gazette no. Constitutional citizenship in south africa international. 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. Home affairs republic of south africa renunciation of south african citizenship section 7 1. Declaration of renunciation of south african citizenship 7. Da abroad calls on south africans abroad to assist with our. Renunciation of south african citizenship welcome to the. Dual south african citizenship welcome to the south african. Act to provide for the acquisition, loss and resumption of south african citizenship. An act to make provision for south african citizenship and for matter incidental thereto.
Requirements for south african citizenship applications. Constitutional citizenship in south africa 107 african territory, one might conclude that governmental involvement would trump the extraterritorial location of the applicants. It is not as if there was no citizenship in south africa before 1994 and the coming into effect of the interim constitution. South african citizenship act implementation and regulations. 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. The black homeland citizenship act of 1970 south african. Discover more about south african citizenship, including all of the requirements and how to go about submitting an application. To provide for the acquisition, loss and resumption of south african citizenship. Given the short history of south african democratic citizenship, the report will focus on. Understanding the south african nationality law and how it. Refugees act no of 1998 south african citizenship act no. 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. South african citizenship and dual nationality breytenbachs.
Da abroad calls on south africans abroad to assist with. Its no surprise that so many people from across the world are settling in south africa permanently. Understanding the south african nationality law and how it affects your south african citizenship. Published by african minds on behalf of open society foundations 224 west 57th street new york, ny 10019. Citizenship law in africa a comparative study unhcr. Citizenship granted solely on the basis of birth in a territory by jus soli is a separate concept, and. Before, british citizens needed a mere two years in the country to qualify as south africans. South african citizenship act south african government.
Notice of birth for children born of south african citizens 4. It has to be done in the country where one resides when the second nationality is obtained. Home affairs republic of south africa renunciation of south african citizenship section 7. 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.
Manner of reference to the act, previously constitution of the republic of south africa, act 108 of 1996, substituted by s. The process of retaining ones south african citizenship must be done through a formal application. 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. Citizenship law in africa open society foundations. Definitions the act shall bear the meaning so assigned to. The south african citizenship act, 1995 act 88 of 1995 was amended by the south african citizenship amendment act, 2010 act no. Citizenship law in africa as an adult or following any administrative process. To amend the south african citizenship act, 1995, so as to further regulate citizenship by descent. The minister of home affairs has, in terms of section 32 of the births and deaths registration act, 1992 act no. 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. Amended by sa citizenship amendment act 17 of 2004 from 15 sep 2004.
South african citizenship act updated to 28 december 2012 act 88 of 1995 notice 1547, g. A south african passport is a valid proof of citizenship document. In some circumstances in some countries, the law provides that an individual can obtain retroactive recognition of citizenship from birthof origin after birth. Marite and libakiso mathlo women and law in southern africa, lesotho. 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. 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. Republic of south africa application for the resumption of south african citizenship section 3. 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. In the following article about south african citizenship we would only like to provide an overview of how to obtain it. The south african citizenship amendment act 2010 no. Four of the bantustans were granted independence as republics, and the remaining had varying degrees of selfgovernment.
South african citizenship amendment act 70 of 1991 repealed amended by sa citizenship amendment act 17 of 2010 from 1 jan 20. Saqa means the south african qualifications authority established in terms of the national qualifications framework act, 2008 act no. South african citizenship act, 1995 regulations on the south african citizenship act, 1995 the minister of home affairs has, under section 23 of the south african citizenship act, 1995 act no. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. 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. Powers and duties of directorgeneral registration of births 3. 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. He discussed the regulations related to the south african citizenship amendment act with the aid of the slides. 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 minister of home affairs has, under section 23 of the south african citizenship act, 1995 act no. Polity offers free access to south african legislation, policy documents and daily political news.
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