To amend the South African Citizenship Act, 1995, so as to substitute, insert or delete certain deï¬nitions; to revise the provisions relating to acquisition of citizenship by birth, descent and naturalisation; to repeal or to substitute certain obsolete references; and to effect certain technical corrections; and to provide for matters connected therewith.
Substitution of Chapter 1 of Act 88 of 1995 1.
'customary union' means the association of a man and a woman in a conjugal relationship according to indigenous law and custom, where neither the man nor the woman is party to a subsisting marriage, which is recognised by the Minister in terms of section 1(4) of this Act; (v) 15 'Children's Act' means the Children's Act, 2005 (Act No.
the former Republic of Transkei as referred to in the Status of Transkei Act, 1976 (Act No.
die Huwelikswet, 1961 (Wet No. 25 van 1961); of 25 the former Republic of Bophuthatswana as referred to in the Status of Bophuthatswana Act, 1977 (Act No.
the former Republic of Venda as referred to in the Status of Venda Act, 1979 (Act No. 107 of 1979); and the former Republic of Ciskei as referred to in the Status of Ciskei Act, 1981 (Act No.
'husband' includes a husband in a customary union; (ii) 'Immigration Act' means the Immigration Act, 2002 (Act No.
[(vi)] 'major' means any person who has attained the age of  18 years [or who has under the provisions of section 2 of the Age of Majority Act, 1972 (Act No.
the Marriage Act, 1961 (Act No. 25 of 1961); or the Recognition of Customary Marriages Act, 1998 (Act No.
a civil union concluded in terms of the Civil Union Act, 2006 (Act No.
(xiii)] 'responsible parent' means a parent [as] contemplated in [section 1 of the Guardianship Act, 1993 (Act No.
'wife' includes a wife in a customary union. (iii).
the expressions 'in the Republic' and 'outside the Republic' shall be construed as if the former states were part of the former Republic of South Africa, whenever it has to be determined whether any event or action which occurred or took place prior to the commencement of the Constitution, occurred or took place in or outside the Republic; and the expression 'Government of the Republic' shall be construed to include the governments of the former states whenever it has to be determined if a person was in the service of the Government of the Republic prior to the commencement of the Constitution.
'Immigrasiewet' die 'Immigration Act, 2002' Wet No.
'Kinderwet' die 'Children's Act, 2005' (Wet No.
to whom an exemption from [the prohibition mentioned in section 23(a) of the Aliens Control Act, 1991 (Act No. 96 of 1991)] compliance with visa requirements in terms of section 10A of the Immigration Act, has been granted unconditionally and for an unspeciï¬ed period in terms of section [28(2)] 10A(4)(a) of that Act, whether as an individual or as a member of a category of persons; or to whom [the said prohibition is not applicable by virtue of section 29(1)(a) or (c) of that Act] an exemption has been granted in terms of section 31(3)(a) or (c) of the Immigration Act, and who entered the Republic or is in the Republic for purposes of permanent residence, shall be deemed to be or have been lawfully admitted to the Republic for permanent residence therein, or permanently and lawfully residing in the Republic.
[A] a customary [union shall be recognised by the Minister for the purposes of this Act] marriage and a marriage concluded in terms of the laws of a foreign country shall be recognised by the Minister, if the Minister is satisï¬ed, upon information submitted to him or her in the prescribed form by the applicant and such other person alleged to be the applicant's spouse in the [customary union] marriage concerned, that the applicant is in fact a spouse in the [customary union in question.
[The] the Minister may, in addition to any information submitted in terms of paragraph (a) or to clarify any information so submitted, call for further information to be submitted to him or her, or may call upon any person to appear before him or her and require or allow such person to give such oral information or produce such other information as in the opinion of the Minister may assist him or her in deciding the matter in question.''.
Substitution of section 2 of Act 88 of 1995 2.
who immediately prior to the date of commencement of the South African Citizenship Amendment Act, 2010, was a South African citizen by birth; or who is born in or outside the Republic, one of his or her parents, at the time of his or her birth, being a South African citizen, shall be a South African citizen by birth.
he or she does not have the citizenship or nationality of any other country, or has no right to such citizenship or nationality; and his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).
he or she has lived in the Republic from the date of his or her birth to the date of becoming a major; and his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).''.
Any person who is adopted in terms of the provisions of the Children's 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 No. 51 of 1992), shall be a South African citizen by descent.''.
Substitution of section 4 of Act 88 of 1995, as amended by section 3 of Act 69 of 1997 4.
African citizen in terms of section 5, shall be a South African citizen by naturalisation.
Any person referred to in subsection (1)(b) shall, with effect from the date of the issue of the certiï¬cate, be a South African citizen by naturalisation.
he or she has lived in the Republic from the date of his or her birth to the date of becoming a major; and his or her birth has been registered in accordance with the provisions of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).''.
Amendment of section 5 of Act 88 of 1995, as amended by section 4 of Act 69 of 1997 5.
''(g) he or she has [an] adequate knowledge of the responsibilities and privileges of South African citizenship[.
Provided that in the case where dual citizenship is not allowed by his or her country, such person renounces the citizenship of that country and furnishes the Minister with the prescribed proof of such renunciation.'
''(4) (a) The Minister may, notwithstanding the provisions of subsection (1), upon application in the prescribed form [by the responsible parent or the guardian] for a certiï¬cate of naturalisation in respect of a minor who is permanently and lawfully resident in the Republic, grant to that minor a certiï¬cate of naturalisation as a South African citizen.
An application in terms of paragraph (a) must be made by the responsible parent or the legal guardian of the minor concerned.'
ordinarily resident in the Republic for a prescribed period; and married to such citizen during the period contemplated in paragraph (b).'
''(a) Notwithstanding anything to the contrary contained in subsection (1)(c), the Minister may under exceptional circumstances grant a certiï¬cate of naturalisation as South African citizen to an applicant who does not comply with the requirements of [the said] subsection (1)(c) relating to residence or ordinary residence in the Republic.''.
Amendment of section 6 of Act 88 of 1995 6.
''(3) Any person who obtained South African citizenship by naturalisation in terms of this Act shall cease to be a South African citizen if he or she engages, under the ï¬ag of another country, in a war that the Republic does not support.''.
Amendment of section 8 of Act 88 of 1995 7.
Substitution of section 10 of Act 88 of 1995 8.
Whenever the responsible parent of a minor has in terms of the provisions of section [6,8or 9] 6 or 8 ceased to be a South African citizen, the Minister may, with due regard to the provisions of the [Guardianship Act, 1993 (Act No. 192 of 1993)] Children's Act, order that such minor, if he or she was born outside the Republic and is under the age of 18 years, shall cease to be a South African citizen.''.
Amendment of section 11 of Act 88 of 1995, as amended by section 6 of Act 69 of 1997 9.
a South African citizen by naturalisation or registration ceased to be a South African citizen by virtue of the provisions of any prior law; or a South African citizen by naturalisation ceases to be a South African citizen by virtue of the provisions of section 6, 7, 8[, 9] or 10, he or she shall, for the purposes of the [Aliens Control Act, 1991 (Act No.
in possession or [is not] deemed to be in possession of a permit referred to in section [25 or 26] 10(2) or 25(2) of that Act; or in terms of section [28(2)] 31(2)(a) of the said Act, exempted or deemed to be exempted from the [prohibition in] provisions of section [23(a)] 10(1) of that Act.''.
Amendment of section 13 of Act 88 of 1995, as amended by section 7 of Act 69 of 1997 10.
''(a) Any person who ceased to be a South African citizen by virtue of the provisions of any prior law or by virtue of the provisions of section 9 as it existed immediately before its repeal by section 1 of the South African Citizenship Amendment Act, 2004 (Act No.
if he or she is not a person [as] referred to in section 11(3) and who is residing in the Republic permanently or returns to the Republic for permanent residence therein, as the case may be; or if he or she is a person as referred to in section 11(3) and a permit for permanent residence referred to in section 25 of the [Aliens Control Act, 1991 (Act No. 96 of 1991),] Immigration Act is issued to him or her, apply to the Minister in the prescribed [form] manner for the resumption of his or her former South African citizenship.'
by the substitution for subsection (4) of the following subsection: ''(4) The provisions of section 5(7) shall [mutatis mutandis] apply with the changes required by the context in respect of a certiï¬cate referred to in subsection (3)(b).''.
Substitution of certain words in Act 88 of 1995 5 11. The principal Act is hereby amended by the substitution for the words ''alien'' and ''Supreme Court'', wherever they occur, of the words ''foreigner'' and ''High Court'', respectively.
This Act is called the South African Citizenship Amendment Act, 2010, and comes into operation on a date determined by the President by Proclamation in the Gazette.