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The acquisition, loss, deprivation and resumption of South African citizenship are regulated by the South African Citizenship Act, 1995 (Act 88 of 1995), hereinafter referred to as "the Act", and the Regulations issued in terms of the Act.
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| Acquisition |
| There are three main forms of South African citizenship, namely citizenship by birth, descent or naturalisation: |
Birth (Section 2)
In terms of the Act, a child born in South Africa and of which one of the parents was a South African citizen or South African permanent residence holder at the time of the child’s birth shall be a South African citizen by birth in the case of births from 6 October 1995 when the Act came into operation. The position before that was governed by the South African Citizenship Act, 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, completion of a BI-529 (Determination of Citizenship Status) is normally required.
A foreign child born in South Africa and who is adopted in terms of the Child Care Act, 1983 by a South African citizen and whose birth has been registered in South Africa is also a South African citizen by birth.
A foreign child born in South Africa and who has no claim to another citizenship (stateless) may also acquire South African citizenship by birth. Conclusive proof that the child has no other citizenship, or claim to any other citizenship is required in such cases. |
Descent (Section 3)
A child born outside South Africa and of which at least one of the parents was a South African citizen at the time of the child’s birth has a claim to South African citizenship by descent. The child’s birth must, however, be registered in South Africa for the child to acquire South African citizenship. |
Naturalisation (Section 5)
Foreigners wishing to acquire South African citizenship may apply for South African citizenship by naturalisation, provided the requirements of section 5 are met. The requirements for majors and minors respectively, are:
Majors
- Valid permanent residence permit or exemption.
- One year’s ordinary residence in the Republic of South Africa immediately prior to the application.
- In addition 4 years of physical (actual) residence in the RSA during the eight years before the application (excluding the year of ordinary residence).
- If married to a South African spouse, two years of permanent residence and two years of marriage to the South African spouse immediately prior to the application.
- Intends to continue to reside in the Republic or falls within the further categories specified in section 5(1)(e).
- Be of good and sound character.
- Able to communicate satisfactorily in any one of the official languages of South Africa.
- Have adequate knowledge of the duties and responsibilities of a South African citizen
Minors
- The responsible parent can apply on behalf of the minor at any time provided the minor is permanently and lawfully resident in the Republic.
Application
Applications must be on a duly completed BI-63 and may be submitted to any domestic office of the Department. An application for an identity document or re-issue thereof, as the case may be, must accompany the application in respect of applicants 15 years and older.
Declaration of Allegiance
If the application is approved, a declaration of allegiance must be signed by persons 18 years and older. The citizenship is effective from the date the declaration is signed.
Certificate of Naturalisation
A certificate of naturalisation will be issued to the successful applicant as confirmation of his or her status as a South African citizen.
Early Naturalisation
In terms of section 5(9) the Minister of Home Affairs may in circumstances which he or she regards as exceptional waive the residential requirements. Applications in this regard must include a full exposition of the applicant’s exceptional circumstances and why early naturalisation is absolutely critical.
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| Deprivation of South African Citizenship |
Section 8 empowers the Minister to revoke the South African citizenship of a South African citizen by naturalisation if the certificate of naturalisation was obtained by means of fraud, false representation or the concealment of a material fact (Section 8(1)(a), or if the certificate was issued in conflict with the provisions of the Act, or any prior law (Section 8(1)(b) and in the case of a South African dual citizen, if the citizen has been sentenced to imprisonment for 12 months or more (Section 8(2)(a), or if the Minister is satisfied that revocation is in the public interest (Section 8(2)(b)).
Section 9 which regulated the deprivation of South African citizenship in instances where a major South African had made use of the citizenship or nationality of another country was repealed on 15 September 2004 by the South African Citizenship Amendment Act, 2004 (Act No. 17 of 2004) and replaced with the following sanction:
“A major citizen who-
(a)enters the Republic or departs from the Republic making use of the passport of another country; or
(b)while in the Republic, makes use of his or her citizenship or nationality of another country in order to gain an advantage or avoid a responsibility or duty
is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding 12 months.”.
In essence, the act repealed the provision which allowed the Minister of Home Affairs to deprive a citizen of his or her citizenship for having used the citizenship of a foreign country. Consequently, the previous requirement for exemptions or letters of permission from the Minister to make use of a foreign passport has now been terminated. The issue of deprivation of citizenship was inconsistent with the Constitutional right to citizenship.
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.
Furthermore, it is also now an offence for such a citizen, while in South Africa, to use his or her foreign citizenship or nationality to gain advantage or avoid a responsibility or duty.
Essentially, the Amendment Act provides that a South African citizen, who has dual citizenship or nationality, can freely use his or her foreign passport outside South Africa. However, they must use their South African passport to depart from or enter South Africa.
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| Loss of South African Citizenship (Section 6) |
A South African citizen who by a formal and voluntary act acquires the citizenship of another country, automatically loses his or her South African citizenship.
Retention of South African citizenship may, however, be applied for, but must be done and be approved before acquisition of the other citizenship to prevent automatic loss of the South African citizenship. Applications must be on form BI 1664 and are subject to payment of a prescribed fee of R128-00. Applications may be lodged at any Home Affairs domestic office or if abroad, at the nearest South African Embassy or Mission.
Persons who have lost their South African citizenship under similar circumstances under section 15(1)(a) of the now repealed South African Citizenship Act, 1949 (Act No. 44 of 1949), may apply for exemption from the loss in terms of section 26(4) of Act 88 of 1995, by submission of a duly completed BI 1666 and payment of the prescribed fee of R128-00 at any Home Affairs domestic office or if abroad, at the nearest South African Mission or Embassy.
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| Resumption (Section 13) |
A person who has lost or has been deprived of his or her South African citizenship may apply for resumption at any Home Affairs domestic office. Application must be on a BI 175 and a prescribed fee of R128-00 is payable.
To qualify, former South African citizens by birth and descent must have returned to South Africa permanently. Former South Africans by naturalisation or registration must have a valid permanent residence permit or exemption from such permit and must have taken up permanent residence in South Africa.
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| Renunciation (Section 7) |
A South African citizen who intends to accept the citizenship or nationality of another country, or who also has the citizenship or nationality of another country, may renounce his or her South African citizenship by making a declaration to that effect on a form BI 246 and submit the completed declaration to any Home Affairs domestic office.
The person shall cease to be a South African citizen from the moment the declaration is registered in the Department.
The minor children under 18 years of a person who has renounced his or her South African citizenship shall also cease to be South African citizens, unless the other parent remains a South African citizen.
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