African citizen in terms ofsection 5, shall be a south african citizen by naturalisation. African citizenship amendment act, 2010, was a south african citizen by naturalisation. South african citizenship act 88 of 1995 1 january 20 to date gazette no. This act shall apply to tanzania zanzibar as well as to t. Any person who is adopted in terms of the provisions of the childrens act by a south african citizen and whose birth is registered in accordance with the provisions of the births and deaths registration act, 1992 act 51 of 1992, shall be a south african citizen by descent. You automatically qualify for south african citizenship if. Arrangement of act section chapter 1 lntetpretation and application of act 1. South african citizenship can, subject to the provisions of the south african citizenship amendment act 17 of 2010, which came into force 1 st january 20, be acquired by birth, descent and naturalisation. South africa faces in respect to citizenship law is thus ensuring the free, fair, and efficient application of the south african citizenship act saca. Definitions the act shall bear the meaning so assigned to it. Acquisition of south african citizenship dear sirmadam, we refer to your enquiry and wish to inform you that the acquisition, loss and resumption of south african citizenship is 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. Many south africans abroad, particularly in the uk, have been confused by recent rumours and misguided articles about retaining ones south african nationality.
Immigration amendment act of 2011 saflii home saflii. South african citizenship act 88 of 1995 gazette no. 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. Be it enacted by the parliament of the republic of south africa, as follows. Citizenship law in africa a comparative study open society. Act to amend the south african citizenship act, 1995, so as to repeal a provision in terms of which a person may be deprived of citizenship by virtue of the use of the citizenship of another country. South african citizenship act south african government. Understanding the south african nationality law and how it.
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. Resumption of south african citizenship lost before 6 october 1995 section 264 of the citizenship legislation, effected on 6 october 1995 act 88 of 1995, provides for retrospective resumption of south african citizenship to ex south african citizens who lost their south african citizenship before 6 october 1995 on acquiring the citizenship of another country by a formal or voluntary act. South african citizenship act 88 of 1995 south african government. Civic services, began the briefing on the south african citizenship amendment act, 2010 act no. Exemptions issued in terms of the south african citizenship act no. This act may be cited as the tanzania citizenship act. Even in these cases there are restrictions, and minimum standards of due process should be applied, including the right to challenge the decision in a court of law. 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. Matters concerning admission to and residence in the republic amendment act south african citizenship at attainment of independence by namibia regulation act south african citizenship amendment act 70 of 1991 repealed. Understanding the south african nationality law and how it affects your south african citizenship.
Particulars of husbandwife i declare that, to the best of my knowledge and belief, the information furnished above is correct. The south african citizenship act, 1995, in government gazette no. Section i of the principal act is hereby amended a by the insertion in subsection i after the definition of admission of the following definition. In the following article about south african citizenship we would only like to provide an overview of how to obtain it.
This is an exemption issued to a south african citizen intending to retain his or her citizenship. Definitions chapter2 acquisition of south african citizenship 2. 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. South african citizenship act, 1995 i hereby solemnly declare that, to the best of my knowledge and belief, the information furnished above. South african citizenship act no 44 of 1949 now repealed. South african citizenship amendment act 70 of 1991 repealed amended by sa citizenship amendment act 17 of 2010 from 1 jan 20. South african citizenship welcome to the south african high. Ebrahim v minister of the interior 1977 1 sa 665 a provided some examples of what a formal and voluntary act could be.
South african citizens who have already acquired their citizenship of another country and wish to resume their south african citizenship foreign citizenship acquired after october 1995 the south african citizenship act of 1995 which applies to all applicants who acquired their foreign citizenship after october 1995, differs only slightly from the 1949 act mentioned above. We have been inundated at sapeople by worried expats who would like some clarification on south african dual citizenship, so we turned to the experts for advice an immigration consultant in the. Act to provide for the acquisition, loss and resumption of south african citizenship. Citizenship law in africa open society foundations. Resumption of south african citizenship welcome to the. Four of the bantustans were granted independence as republics, and the remaining had varying. 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. South african citizenship amendment act 17 of 2004 gazette no. Keywords citizenship, citizenship education, community, compulsory schooling. 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. The minister may by order deprive a south african citizen of his or her south african citizenship if he or she also has the citizenship or nationality of another country, and has at any time made use of the franchise or the passport facilities of that country or performed such other voluntary act which, to the satisfaction of the minister, indicates that such citizen has made use of the citizenship or nationality of that other country.
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. Removes the need to maintain previous practice to grant blanket exemptions to citizens from these states, in order for them to be allowed to take up employment in south africa. Amended by sa citizenship amendment act 17 of 2004 from 15 sep 2004. Refugees act no of 1998 south african citizenship act no. An act to make provision for south african citizenship and for matter incidental thereto. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The exemption takes four 4 to six 6 weeks to be issued and has to be applied for before a foreign citizenship is taken. 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. Amended by immigration act of 2002 from 20 feb 2003. The tanzania citizenship act an act to consolidate the laws relating to citizenship.
Apr 01, 2016 it gets even more complicated if you are older and your parents are not south african. Definition of branch inserted by section 1b of act 3 of 2007 citizen has the meaning assigned thereto in the south african. Green v minister of the interior 19684 all sa 298 a was a voluntary act. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. You can apply for south african citizenship by descent or naturalisation.
The goals of citizenship education in south africa would be better served by cosmopolitan ideals, that is, preparing south african learners to act in a local, national and global scale. The black homeland citizenship act of 1970 south african. To amend the south african citizenship act, 1995, so as to substitute, insert or delete certain definitions. Without consideration to the south african constitution, chapter 20 which states, no citizen may be deprived of citizenship and with no warning or consultation, section 6. To amend the south african citizenship act, 1995, so as to repeal a provision in terms of which a person may be deprived of citizenship by. South africa restoration and extension of south african.
Application for the resumption of south african citizenship section 3. South african citizenship act implementation and regulations. Exemption acquisition post 1995 immigration south africa. South africas citizenship according to the law new world.
863 1263 1371 148 1049 1447 1159 1192 825 283 31 378 1157 295 1341 724 896 326 1468 164 1483 992 580 1261 652 1211 642 572 893 1415 965 587 822 498 1056 355 81 1299 1055