South African Citizenship Act

1. Definitions CHAPTER 1 lntetpretation and Application of Act CHAPTER2 Acquisition of South African Citizenship

2. Citizenship by birth

3. Citizenship by descent

4. Citizenship by naturalisation

5. Certificate of naturalisation CHAPTER3 Loss of South African Citizenship

6. Loss of citizenship

7. Renunciation of citizenship

8. Deprivation of citizenship

9. Deprivation of citizenship on grounds of using citizenship of another country

10. Deprivation of citizenship in case of children CHAPTER4 Consequences of Loss of South African Citizenship

11. Status of persons who cease to be South African citizens

12. Saving of obligations incurred before loss of citizenship CHAPTERS Resumption of South African Citizenship

13. Resumption of South African citizenship 5 10 15 20 25 4 No. 16751 Act No. 88, 1995 ·. GOVERNMENT GAZETrE, 6 OCfOBER 1995 SOUTH AFRICAN CITIZENSHIP ACf, 1995 CHAPTER6 Miscellaneous Provisions in respect of Citizenship · 14. 'Marriage does not ·affect citizenship . 15. ' Issue of certificate of citizenship in case of doubt

16. Certificate of South African citizenship

18. Penalty for false representations or statements

19. Amendment of certificates of citizenship

20. Determination of questions of residence. 21. · . Instruction in responsibilities and privileges of South African citizenship CHAPTER? General Provisions

22. Delegation of powers

24. Application of Act

25. Review of Minister's decision by court of law

27. Short title SCHEDULE 1 SCHEDULE2 CHAPTER 1 Interpretation and Application of Act Definitions 1. (1) In this Act, unless the context otherwise indicates- 5 10 15 20 (i) "alien" means a person who is not a South African citizen; (xviii) 25 (ii) "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) 30 (iii) "Department" means the Department of Home Affairs; (i) (iv) "former states" means- (a) the former Republic ofTranskei as referred to in the Status of Transkei Act, 1976 (Act No. 100 of 1976); (b) the former Republic of Bophuthatswana as referred to in the 35 Status of Bophuthatswana Act, 1977 (Act No. 89 of 1977); the former Republic of Venda as referred to in the Status of Venda Act, 1979 (Act No. 107 of 1979); and (c) (d) the former Republic of Ciskei as referred to in the Status of Ciskei Act, 1981 (Act No. 110 of 1981); (xvi) 40 (v) "husband" includes a husband in a customary union; (ii) (vi) "major" means any person who has attained the age of 21 years or who has under the provisions of section 2 of the Age of Majority Act, 1972 (Act No. 57 of 1972), been declared to be a major, and includes a person under the age of 21 years who has contracted a 45 legal marriage; (viii) (vii) "marriage" includes a customary union; (vii) (viii) "Minister" means the Minister of Home Affairs; (x) (ix) "minor" or "minor child" means any person who is not a major; (ix) (x) "prescribed" means prescribed by regulation; (xv) (xi) "prior law" means any law repealed by section 26; (xvii) (xii) "regulation" means a regulation made under section 23; (xi) (xiii) "Republic" means the Republic of South Africa as referred to in 50 section 1 of the Constitution; (xii) (xiv) "responsible parent" means a parent as contemplated in section 1 of 55 the Guardianship Act, 1993 (Act No. 192 of 1993); (xiv) 6 No. 16751 Act No. 88, 1995 GOVERNMENT GAZETrE, 6 OCfOBER 1995 SOUlli AFRICAN CITIZENSHIP ACf, 1995 (xv) "South African citizenship by registration" means South African citizenship by registration granted under any law in force in the · Republic as it had existed immediately prior to the commencement of the Constitution; (xiii) (xvi) "spouse" includes a spouse in a customary union; (iv) (xvii) "this Act" includes the Schedules to the Act and the regulations; 5 (vi) (xviii) "wife" includes a wife in a customary union. (iii) (2) For the purposes of this Act, unless clearly inconsistent with the provisions of this Act- 10 (a) any reference in this Act to entrance into the Republic, to permanent · residence in the Republic, to any period of residence or ordinary residence in the Republic or to any period of absence from the Republic, shall be construed to include any entrance into, residence in or absence from the Republic of South Africa or any of the former states as they had 15 existed immediately prior to the commencement of the Constitution; (b) 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 20 Constitution, occurred or took place in or outside the Republic; 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. 25 (c) (3) For the purposes of this Act- ( a) a person born aboard a registered ship or aircraft shall be deemed to have been born at the place where the ship or aircraft is registered, and a person born aboard an unregistered ship or aircraft belonging to the Government of any country shall be deemed to have been born in that 30 country; (b) a person- (i) (ii) to whom an exemption from the prohibition mentioned in section 23(a) ofthe Aliens Control Act, 1991 (Act No. 96of1991), has been granted unconditionally and for an unspecified period in terms of 35 . section 28(2) 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, and who entered the Republic or is in the Republic for purposes of 40 permanent residence, shall be deemed to be or have been lawfully admitted to the Republic for permanent residence therein, or perma nently and lawfully residing in the Republic. (4) (a) A customary union shall be recognised by the Minister for the purposes of this Act, if the Minister is satisfied upon information submitted to him or her 45 in the prescribed form by the applicant and such other person alleged to be the applicant's spouse in the customary union, that the applicant is in fact a spouse in the customary union in question. (b) The Minister may, in addition to any information submitted in terms of paragraph (a) or to clarify any information so submitted, call for further 50 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. 8 No. 16751 Act No. 88, 1995 GOVERNMENT GAZETTE, 6 OCTOBER 1995 SOUTH AFRICAN CITIZENSHIP ACf, 1995 CHAPTER2 Acquisition of South African Citizenship . Citizenship by birth . . . 2. (1) Any person ' : - f ( a) who immediately prior to the date of commencement of this Act, was a 5 ·South African citizen by birth; or .. (b) who is born in the Republic on or after the date of commencement ofthis . (c) who is by virtue of section 3(1)(b)a South African citizen, and one of his Act;or. .·. ., . . . . . . or her parents or his or her mother if he or she was born out of wedlock, 10 was at the time of such person's birth- (i) · in the service of the. Government of the Republic; or. . (ii) the representative or the employee of a person or an association of persons resident or established in the Republic; or, . in the service of an international organisation of which the 15 . Government of the.Republic was then a member, shall, subject to the provisions of subsections (2) and (3), be a South African . . citizen by birth. ,. (2) No person shall be a South African citizen by.virtue of subsection (1)(b) if, (iii) . . . . . . .. .. · . , , · . .. at the time of his or her birth, one. of his or her parents-:- 20 (a) was a person enjoying diplomatic immunity in the Republic in terms of any law relating to diplomatic privileges, or was a career representative , of the government of another country, or was a person employed in the embassy or legation of such a government or in the office of such a career representative, or was a member ofthe household or an employee of any 25 such person; or (b) had not been lawfully admitted to the Republic for permanent residence therein, and his or her other parent was not a South African citizen. (3) No person who, after having ceased to be a South African citizen, at any time 30 thereafter acquires South African citizenship by naturalisation in the Republic, shall be a South African citizen by birth. (4) Any person born in the Republic and who is not a South African citizen by virtue of the provisions of subsection (2), shall be a South African citizen by birth, if- ( a) he or she is adopted by a South African citizen in ~ccordance with the Child Care Act, 1983 (Act No. 74 of 1983); or · 35 (b) (i) he or she does not have the citizenship or nationality of any other country, or has no right to such citizenship or nationality; and (ii) his or her birth is registered in the Republic in accordance with the 40 Births and Deaths Registration Act, 1992 (Act No. 51 of 1992). Citiz_enship by. descent 3. (1) Any person_:_· , . (a) who, immediately prior to the date of commencement ofthis Act, was a South African citizen by descent; or · 45 . (b) who is born outside the Republic on or after the date of commencement · of this Act, and- (i) one of whose parents was, at the time of his or her birth, a South ' African citizen ·and· whose birth is· registered in terms of the ·provisions of section 13 of the Births and Deaths Registration Act, 50 1992 (Act No. 51 of 1992); or to whose responsible parent a certificate of the resumption of previous · South African citizenship has, in terms of section 13(3), been issued, and who has entered the Republic for permanent residence therein before becoming a rna jor, and whose birth is within one year after the 55 (ii) · · 10 No. 16751 Act No. 88, 1995 GOVERNMENT GAZETI"E, 6 OCTOBER 1995 SOUTH AFRICAN CmZENSHIP ACf, 1995 · date of issue of such certificate, or such longer period as the Minister in the special circumstances of the case may approve, registered in the Republic in the prescribed manner; or · · (iii) who is adopted in terms of the provisions of the Child Care Act, 1983 (Act No. 74 of 1983), by a South African citizen and whose 5 birth is registered in accordance with the provisions of subpara- ... ·· . graph (i), . shall, subject to the provisions of subsection (2), be a South African citizen by descent. · · (2) No person who, after having ceased to be a South African citizen, at any time 10 · . ·· · · · . . · · . . thereafter acquires South African citizenship,by naturalisation in the· Republic, shall be a South African citizen. bydescent. · ' · . . . . . , · · ' . / : Citizenship by naturalisation 4. (1) Any person- . . (a) who, immediately prior to the date of commencement of this Act- 15 (i) was a South African citizen by naturalisation·; or ·. (ii) was or was deemed to be a South African citizen by registration; or (iii) was a citizen by naturalisation of any of the former states; or · (b) who, on or after the date of commencement' of this Act, is granted a certificate of naturalisation as a South African citizen in terms of section 5, 20 shall be a South African citizen by naturalisation. (2) Any person referred to in subsection (1)(b) shall, with effect from the date of the issue of the certificate, be a South African citizen by naturalisation. Certificate or naturalisation . ' 5. (1) The Minister may, upon application in the prescribed form, grant a 25 certificate of naturalisation as a South African citizen to any alien who satisfies the Minister that- ( a) he or she is not a minor; and (b) he or she has been lawfully admitted to the Republic for permanent residence therein; and 30 (c) he or she is ordinarily resident in the Republic and that he or she has been so resident for a continuous period of not less than one year immediately preceding the date of his or her application, and that he or she has, in addition, been resident in the Republic for a further period of not less than four years during the eight years immediately preceding the date of 35 his or her application; and (d) he or she is of good character; and (e) he or she intends to continue to reside in the Republic or to enter or continue in the service of the Government of the Republic or of an international organisation of which the Government of the Republic is 40 a member or of a person or association of persons resident or established in the Republic; and (f) he or she is able to communicate in any one of the official languages of the Republic to the satisfaction of the Minister; and (g) he or she has an adequate knowledge of the responsibilities and 45 ·privileges of South African citizenship. · (2) (a) Any period during which an applicant for naturalisation has been employed outside the Republic in the service of the Government of the Republic (otherwise than as a person engaged locally) or on a ship or aircraft or a public means of transport registered or licensed iri and operating from the Republic, and 50 any period during which an applicant for naturalisation has been resident outside the Republic with his or her spouse while the latter was so employed, shall, for the purposes of subsection (1), be regarded as· a period of residence or ordinary residence in the Republic. · (b) For the purposes of subsection (1) the Minister may, in his or her discretion, 55 regard as a period of residence or ordinary residence in the Republic any period 12 No. 16751 Act No. 88, 1995 GOVERNMENT GAZETIE, 6 OCTOBER 1995 · SOUTH AFRICAN CITIZENSHIP ACf, 1995 during which an applicant for naturalisation has been employed outside the Republic on a ship, aircraft or public means of transport operating from the Republic, and any period during which an applicant for naturalisation has been resident outside the Republic with his or her spouse while the latter was so employed, notwithstanding the fact that such ship, aircraft or public means of · 5 transport was not registered or licensed in the Republic. (3) Any period during which an applicant for naturalisation- . (a) is or was confined in a prison or other place of detention in the Republic after being convicted; or · · ·(b) has sojourned in the Republic, either conditionally, temporarily or in 10 · · contravention of any law in force in the Republic, · · · · shall for the purposes of subsection (1), not be regarded as a period of residence or ordinary residence in the Republic. (4) The Minister may, notwithstanding the provisions of subsection (1), upon application in the prescribed form by the responsible parent or the guardian of a 15 minor who is permanently and lawfully resident in the Republic, grant to that minor a certificate of naturalisation as a South African citizen. · (5) The Minister may, notwithstanding the provisions of subsection (1), upon application in the prescribed form, grant a certificate of naturalisation as a South African citizen to a person who is an alien and who satisfies the Minister that- 20 · (a) in the case of a man, he is the husband or widower, or in the case of a woman, she is the wife or widow, of a South African citizen and he or she has been lawfully admitted to the Republic for permanent residence therein and has resided in the Republic for a period of not less than two years immediately preceding the date of his or her application and after 25 . the date of his or her marriage to such citizen; or· (b) he or she is the spouse. of a South African citizen, and he or she has in terms of any law relating to the control of the admission of aliens obtained permission to enter the Republic for permanent residence therein and he or she has resided with his or her spouse in the Republic 30 or, while he or she was employed in the service of the Government of the Republic, outside the Republic for a period of not less than two years. (6) A certificate of naturalisation shall not be issued to any person over the age of 18 years before that person has made the dedarillion of allegiance set forth in Schedule 1. 35 · (7) The Minister may in respect of any person who has applied for a certificate of naturalisation make such enquiries as the Minister may deem fit, and require such person to appear personally before him or he~ or a person designated by him . orher. . . . ; " . . ·, . _. . . ! . . .. ~ · . . . . .· (8) If the Mtmster has refused an application for a certificate of naturalisation 40 by pr on behalf of any person, the Minister shall not be' obliged to reconsider such application at any time, but shall not consider another application for a certificate of naturalisation by or on behalf of such' person until the expiration of a period of at least one year from the date upon which the person in question was advised of the Minister's decision: Provided that the Minister shall at any time reconsider an 45 application if he or she receives any new information regarding the applicant which may influence his or her original decision.: · ·· · · ' ' ' " ' ' 1 •, -• · • I, , • • ,-: ... T1• " : ! • • · CHAPTER3' ··.' Loss ofSouthAfrican Citizenship Loss of citizenship 50 6. (1) Subject to the provisions of subsection (2), a South African citizen shall cease to be a South African citizen if-'- · · · · (a) he or she, whilst not being a minor, by some voluntary and formal act ·-·-' . i· 14 No. 16751 Act No. 88, 1995 GOVERNMENT GAZETIE, 6 OCfOBER 1995 SOUTI{ AFRICAN CffiZENSHIP ACf, 1995 · other than marriage, acquires the citizenship or nationality of a country other than the Republic; or . (b) he or she in terms of the laws of any other country also has the citizenship or nationality of that country, and serves in the armed forces of such country while that country is at war with the Republic., · (2) Any person referred to in subsection (1) may, prior to his or her loss of South African citizenship in terms of this section, apply to the Minister to retain his or her South African citizenship, and the Minister may, if he or she deems it fit, order such retention. Renunciation or citizenship 5 10 7. (1) A South African citizen who intends to accept the citizenship or nationality of another country, or who also has the citizenship or nationality of a country other than the Republic, may make a declaration in the prescribed form renouncing his or her South African citizenship. · · · (2) The Minister shall upon receipt of a declaration made under this section 15 cause such declaration to be registered in the manner prescribed, and thereupon the person who made the declaration shall cease to be a South African citizen. (3) Whenever a person ceases under subsection (2) to be a South African citizen, his or her minor children who are under the age of 18 years shall also cease to be South African citizens if the other parent of such children is not, or does not 20 remain, a South African citizen. · · Deprivation or citizenship 8. (1) The Minister may by order deprive any South African citizen by naturalisation of his or her South African citizenship if he or she is satisfied that- ( a) the certificate of naturalisation was obtained by means of fraud, false 25 representation or the concealment of a material fact; or · . (b) such certificate was granted in conflict with the provisions of this Act or any prior law. · (2) The Minister may by order deprive a South African citizen who also has the citizenship or nationality of any other country of his or her South African 30 citizenship if- · . . . (a) such citizen has at any time been sentenced in any country to a period of imprisonment of not less than 12 months for any offence which, if it was committed outside the Republic, would also have constituted an offence in the Republic; or · · · 35 · · · · (b) the Minister is satisfied that it is in the public interest that such citizen shall cease to be a South African citizen. · · (3) ·Whenever the Minister deprives a person of his· or· her South African citizenship under this section or section 9 or 10, that person shall cease to be a South African citizen with effect from such date as the Minister may direct and 40 thereupon the certificate of naturalisation or any other certificate issued under this Act in relation to the status of the person concerned, shall be surrendered to · the Minister and cancelled, and any person who refuses or fails on demand to surrender any such certificate which he or she has in his or her possession, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a 45 period not exceeding two years. Deprivation or citizenship on gro~nds or using citizenship or another country • I

9. 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 50 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. 16 No. 16751 Act No. 88, 1995 GOVERNMENT GAZETTE, 6 OCfOBER 1995 SOUTII AFRICAN cmzENSHIP ACf, 1995 Deprivation of citizenship in case of children

10. Whenever the responsible parent of a minor has in terms of the provisions of section 6, 8 or 9 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), order that such minor, if he or she was born outside the Republic and is under the 5 age of 18 years, shall cease to be a South African citizen. CHAPTER4 Consequences of Loss of South African Citizenship Status of persons who cease to be South African citizens -11. (I) Whenever a person, under the provisions of section 8, ceases to be a 10 South African citizen, he or she shall be regarded as having the citizenship or nationality which he or she had before he or she became a South African citizen. (2) Whenever a person, under the provisions of section 10, ceases to be a South African citizen, he or she shall be regarded as having the citizenship or nationality which he or she had before he or she became a South African citizen, and, if he 15 or she had no other citizenship or nationality, he or she shall be regarded as having the citizenship or nationality of his or her responsible parent. (3) Whenever a South African citizen by naturalisation, under the provisions of section 6, 7, 8, 9 or 10, ceases to be a South African citizen, he or she shall for the purposes ofthe Aliens Control Act, 1991 (Act No. 96 of 1991), but subject to the 20 provisions of subsection ( 4), be deemed to be an alien who is not- (i) (ii) in possession or is not deemed to be in possession of a permit referred to · in section 25 or 26 of that Act; or in terms of section 28(2) of the said Act exempted or deemed to be exempted from the prohibition in section 23(a) of that Act. · 25 ( 4) The Minister may at any time, unconditionally or subject to such conditions as he or she may deem fit; exempt any person for a definite or an indefinite period from the provisions of subsection (3). · · Saving of obligations incurred before loss of citizenship

12. Whenever a person ceases to be a South African citizen he or she shall not 30 thereby be discharged from any obligation, duty or liability in respect of any act done or committed before he or she ceased to be a South African citizen. CHAPTERS' ' .. ·Resumption of South African Citizenship · ' . ' . ' Resumption of South African citizenship 35 13. (1) The Minister may, in such cases as he or she deems fit, withdraw any order made under section 9 and thereupon the person concerned shall, with effect from such date as the Minister may direct, resume the form of South African citizenship of which he or she was deprived by that order. (2) A minor who has in terms of section 10 or a provision in any of the laws 40 referred to in Schedule 2 ceased to be a South African citizen and who is resident in the Republic or has returned to the Republic for permanent residence therein, may at any time after attaining the age of 18 years make a declaration in the prescribed form stating that he or she wishes to resume South African citizenship, and if the Minister deems it fit, he or she may order that such a declaration be 45 registered, and upon registration thereof, such person shall resume his or her former South African citizenship. · · 18 No. 16751 Act No. 88, 1995 GOVERNMENT GAZETTE, 6 OCTOBER 1995 SOUlli AFRICAN CmZENSHIP ACT, 1995 (3) (a) Any person who in terms ofthe provisions of section 6, 7, 9 or 10 ceased to be a South African citizen, may- . (i) if he or she is not a person referred to in section 11(3) and returns to the · Republic for permanent residence therein or intends residing perma- (ii) nently in the Republic, as the case may be; or if he or she is a person 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), is issued to him or her, 5 apply to the Minister in the prescribed form for the resumption of his or her former South African citizenship. 10 (b) The Minister may upon receipt of such an application allow such person to resume his or her former South African citizenship if the Minister is satisfied that the grounds for the loss or deprivation of his or her South African citizenship no longer exist or are of any consequence, and issue to him or her a certificate to that effect in the prescribed form. ( 4) The provisions of section 5(7) shall mutatis mutandis apply in respect of a 15 certificate referred to in subsection (3)(b) . . CHAPTER6 Miscellaneous Provisions in respect of Citizenship Marriage does not affect citizenship

14. A married person shall, subject to the provisions of this Act, be capable of acquiring and losing South African citizenship in all respects as if he or she were an unmarried person, and no person shall acquire or· lose South African citi~enship by reason merely of a marriage contracted by him or her. Issue of certificate of citizenship in case of doubt 15. (1) The Minister may in such cases as he or she deems fit, issue to any person in respect of whose South African citizenship there is any doubt, a certificate that he or she is a South African citizen. 20 25 (2) Before issuin'g any certificate under subsection (1), the Minister may require the person concerned to comply with such provisions of this Act as the Minister 30 may direct. · · · · (3) The Minister may in any certificate issued under subsection (1) describe the person to whom it relates as a South African citizen by birth, descent or naturalisation, as the Minister may deem fit~ ( 4) A certificate issued under this section shall, unless it is proved that it was 35 obtained by means of fraud; false representation or the concealment of some material fact, be conclusive evidence that the person to whom it relates was a South African citizen by birth, descent or naturalisation, as the case may be, at the date of the issue of the certificate, but shall not be deemed to imply any admission that the person to whom it has been issued was not a South African citizen previously. · 40 Certificate of South African citizenship 16. (1) The Minister may on the application of any person cause to be issued to that person a certificate in respect of the status of any person who to his or her satisfaction is, or was, a South African citizen. · · (2) A certificate issued under subsection (1) shall indicate in addition to such 45 20 No. 16751 Act No. 88, 1995 GOVERNMENT GAZETI"E, 6 OCfOBER 1995 SOUTII AFRICAN CmZENSHIP ACf, 1995 other particulars as the Minister may deem fit whether the person in respect of whom it has been issued, is or was at the date or for the period mentioned therein, a South African citizen by birth, descent or naturalisation without prejudice to any evidence that he or she was at any other date or during any other period a South African citizen as mentioned therein. . (3) The Minister may require the production of such evidence of citizenship as he or she deems fit before authorising the issue of any certificate in terms of this section. 5 Evidence . .

17. Any certificate issued under this Act or any prior law, or any certified extract 10 . . . . - - - . of an entry made in any register in pursuance of this Act or any prior law, shall in all courts of law be prima facie evidence of the particulars set forth therein. : . -· Penalty for false representations or statements·'

18. Any person who makes for any of the purposes of this Act, any false representation or any statement which is false in any material particulars, shall be 15 guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding eight years. Amendment of certificates of citizenship . . 19. (1) Whenever. the Minister is satisfied that any error. has occurred in any certificate issued ·under this Act or any prior law, or any change has occurred in 20 respect of the particulars recorded therein, he or she may rectify the error or alter the particulars by amending the certificate. · · (2) Any certificate amended in pursuance of the provisions of subsection (1) shall, as from the date of the amendment thereof, have effect as so amended. · (3) The Minister may .call upon any person to produce to him or her any 25 certificate which requires to be amended in terms of subsection (1), and any person who refuses or fails on demand so to produce such a certificate which he or she has in his or her possession, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years. Determination of questions of residence · 20. Whenever a question arises under this Act as to whether or not a person was resident or ordinarily resident in the Republic the question may be determined by the Minister. Instruction in responsibilities al1d privileges of South African citizenship ·

21. The Minister may in respect of- ·" (a) South African citizens, make such arrangements as he or she deems fit; or · (b) applica'nts for certificates of naturalisation, establish such facilities as ·may appear necessary or desirable;· . 30 35 to enable such citizens or applicants to receive instruction in the responsibilities 40 and privileges of South African citizenship. .. . CHAPTER7 General Provisions Delegation of powers 22 •. The Minister may, subject to such conditions as he or she. may deem 45 22 No. 16751 Act No. 88, 1995 GOVERNMENT GAZETI"E, 6 OCTOBER 1995 SOUTH AFRICAN CITIZENSHIP ACf, 1995 necessary, delegate any power conferred on him or her by this Act, excluding a power referred to in sectioil25, to an officer in the service of the Department, but shall not be divested of any power so delegated and may set aside or amend any decision of the delegate made in the exercise of such a power. · Regulations

23. The Minister may make regulations not inconsistent with this Act, with regard to- (a) the form of an application for a certificate of naturalisation as a South African citizen; (b) the form of a certificate of naturalisation as a South African citizen; (c) the persons before whom dedarations of renunciation or resumption of South African citizenship may be made; · 5 10 (d) the issuing of certificates of acknowledgment of South African citizen (e) ship to persons born elsewhere than in the Republic; the fees to be charged for the issuing of any certificate or approval under 15 this Act in consultation with the Minister of Finance; and (f) generally, all matters which in terms of this Act are required or permitted to be prescribed or which he or she considers necessary or · expedient to prescribe in order that the purposes of this Act may be achieved or that this Act may be effectively administered: ' 20 Application of Act

24. This Act and any amendment thereof shall also apply in the Prince Edward · Islands. · · · Review of Minister's decision by court of law 25. (1) Any provincial or local division of the Supreme Court of South Africa 25 shall have jurisdiction to review any decision made by the Minister under this Act. (2) A court hearing a review in terms of subsection (1) may call upon the Minister to furnish reasons and to submit such information as the court deems fit, and the court shall have jurisdiction to- (a) consider the merits of the matter under review; and (b) confirm, vary or set aside the decision of the Minister. Repeal of laws 26. (1) Subject to the provisions of subsection (2), the laws mentioned in the second column of Schedule 2 are hereby repealed to the extent set out in the third column thereof. (2) Anything done under a provision repealed by subsection (1) and which is capable of being done in terms of a provision of this Act shall be deemed to have been done in terms of the latter provision. 30 35 (3) Any person who, due to passage of time after attaining majority, was disqualified by a provision repealed by subsection (1) from making a declaration 40 with a view to obtaining South African citizenship, shall be deemed not to have been so disqualified at any time. Short title

27. This Act shali be called the South African Citizenship Act, 1995.· · 24 No. 16751 Act No. 88, 1995 GOVERNMENT GAZETTE, 6 OCfOBER 1995 SOU1H AFRICAN CITIZENSHIP ACf, 1995 SCHEDULE l (Section 5(6)) DECLARATION OF ALLEGIANCE I, ..................................................... (AB), do hereby solemnly declare that I will be loyal to the Republic of South Africa, promote all that will advance it and oppose all that may harm it, uphold and respect its Constitution and commit myself to the furtherance of the ideals and principles contained therein. Signed at .................................................. on this . .. . . .......... day of .......................................... (month), 19 ........ . SIGNATURE In the presence of the following two witnesses who are South African citizens. 1. ................................. (WITNESS) 2 ................................. (WITNESS) 26 No. 16751 Act No. 88, 1995 GOVERNMENT GAZETIE, 6 OCfOBER 1995 SOUTII AFRICAN CITIZENSHIP ACf, 1995 SCHEDULE2 (Section 26) LAWS REPEALED No. and year of law Short title Act No. 44 of 1949 South African Citizenship Act, 1949 Act No. 64 of 1961 South African Citizenship Amendment Act, 1961 Act No. 69 of 1962 Commonwealth Relations Act, 1962 Extent of repeal The whole The whole Section 13 and sections 18 to 28 inclusive Act No. 23 of 1964 Residence in the Republic Regulation Act, 1964 The whole Act No. 41 of 1973 South African Citizenship Amendment Act, 1973 The whole Act No. 53 of 1978 South African Citizenship Amendment Act, 1978 The whole Act No. 30 of 1980 South African Citizenship Amendment Act, 1980 The whole Act No. 95 of 1981 South African Citizenship Amendment Act, 1981 The whole Act No. 43 of 1984 South African Citizenship Amendment Act, 1984 The whole Act No. 53 of 1986 Act No. 74 of 1990 Matters concerning Admission to and Residence in the Republic Amendment Act, 1986 The whole South African Citizenship at Attainment of lndepen- dence by Namibia Regulation Act, 1990 The whole Act No. 70 of 1991 South African Citizenship Amendment Act, 1991 The whole Act No. 132 of 1993 General Law Fourth Amendment Act, 1993 Act No. 196 of 1993 Restoration and Extension of South African Citizen- ship Act, 1993 Republic of Transkei Constitution Act, 1976 Citizenship of Transkei Act, 1976 Sections 5, 6, 7, 8 and 9 The whole Sections 57 and 58 The whole Act No. 15 of 1976 (Transkei) Act No. 26 of 1976 (Transkei) Act No. 18 of 1977 (Bophuthatswana) Act No. 19 of 1978 (Bophuthatswana) Act No. 15 of 1986 (Bophuthatswana) Act No. 9 of 1979 (Venda) Act No.8 of 1980 (Venda) Act No. 20 of 1981 (Ciskei) Act No. 38 of 1984 (Ciskei) Act No. 7 of 1987 (Ciskei) Act No. 16 of 1988 (Ciskei) Republic of Bophuthatswana Constitution Act, 1977 Section 80 Bophuthatswana Citizenship Act, 1978 The whole Bophuthatswana Citizenship Amendment Act, 1986 The whole Republic of Venda Constitution Act, 1979 Citizenship of Venda Act, 1980 Sections 59 and 60 The whole Republic of Ciskei Constitution Act, 1981 Section 67 Ciskeian Citizenship Act, 1984 The whole Ciskeian Citizenship Amendment Act, 1987 The whole Ciskeian Citizenship Amendment Act, 1988 The whole