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South African Citizenship Amendment Act, 2004


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Old 19-03-2005, 09:22 PM   #51
Curio
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Thanks Joan for your help & info.
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Old 21-03-2005, 12:17 AM   #52
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SA Constitution and SA Citizenship

I thought this scenarion may be useful to some or all of you. My wife and I currently live in Sydney, Australia. I am not a South African.

"My wife's parents are British citizens by birth but have lived in South Africa since 1970. I understand they only obtained South African passports (and presumably citizenship) shortly before the 1994 elections. My wife was born in South Africa and presumably the relevant date for her British citizenship by descent is her birth date of 16 July 1971. My wife travelled to England regularly in her childhood to visit her grandparents. I do not know when she first obtained her South African passport or her British passport. My wife lived in England from 1995 until 2000, when we moved to Australia. While living in England and Australia, my wife has used her British passport to travel in and out of England/Australia, including for trips to South Africa (entering and leaving South Africa on her British passport). She has never obtained the relevant 'exemption' letter from the South African authorities allowing her to use her British passport. Her South African passport has expired.

My wife obtained Australian citizenship on 8 August 2004.

It seems to me that the provisions of the South African Citizenship Act providing for loss of citizenship are in direct conflict with section 20 of the Constitution (no citizen to be deprived of citizenship) and on the face of it would be invalid. Assuming that my wife's British citizenship and use of her British passport had not affected her South African citizenship prior to the Constitution coming into force in 1997 (or earlier if the 1993 interim constitution contained a provision similar to section 20), does that mean that her acquiring Australian citizenship has not affected her South African citizenship?"

I have asked this question of a legal expert in South Africa (I am a lawyer myself). He agrees that this is a live issue.

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Old 24-03-2005, 10:12 AM   #53
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thanks tadcaster

most helpful

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Old 28-03-2005, 05:13 PM   #54
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Question South African Citizenship Amendment Act

Hi, hoping someone can help, I was born in SA to British Parents who had permenant residency in the SA, I have both an abridged SA birth certificate and full British one. I have never had a SA passport and on leaving SA in 1982 had to obtain a "Permit in Terms of the Departure from the Union Regulation Act, 1955" and also renounce my citizenship, however, I have nothing confirming this except the aforementioned permit. I have now been resident in the UK ever since and always travel on my British passport. I have been advised that I may need to obtain a SA passport and complete a Determination of Citizenship form. Does anyone know anything about the aforementioned departure permit and whether this is proof of renunciation of citizenship. I would quite like to have a SA passport but am travelling to SA later in the year and worried it won't all get sorted out in time. If any one can help it would be appreciated.
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Old 28-03-2005, 06:25 PM   #55
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Quote:
Originally Posted by Sandybabe
Hi, hoping someone can help, I was born in SA to British Parents who had permenant residency in the SA, I have both an abridged SA birth certificate and full British one. I have never had a SA passport and on leaving SA in 1982 had to obtain a "Permit in Terms of the Departure from the Union Regulation Act, 1955" and also renounce my citizenship, however, I have nothing confirming this except the aforementioned permit. I have now been resident in the UK ever since and always travel on my British passport. I have been advised that I may need to obtain a SA passport and complete a Determination of Citizenship form. Does anyone know anything about the aforementioned departure permit and whether this is proof of renunciation of citizenship. I would quite like to have a SA passport but am travelling to SA later in the year and worried it won't all get sorted out in time. If any one can help it would be appreciated.

Sandybabe you will have no problems getting an SA passport, what you have to do is show that you obtained a UK passport through descent, this does not affect your SA passport as you did not have to apply for British citizenship, you had a right to it.

My wife just did the same 4 weeks ago and had no problems at all.
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Old 28-03-2005, 07:07 PM   #56
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I was born in S.A and have a British passport by decent, I left S.A. in November 2003 and got the letter allowing me to have dual nationality, the letter is only valid for 5 years, do I need to renew that letter. My S.A passport is valid till 2013.

I have also just registered my 2 younger children who were born in S.A. as British Citizens this gives them the chance to get British passports if they wish. As they hold both S.A and British full birth certificates.
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Old 01-04-2005, 11:33 PM   #57
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My dad went to SA House today to apply for a new passport. There was a man in front of him, who had his ID Book & passport stamped with "Cancelled" because he'd told them that he'd applied for British Citizenship. This man has not yet been granted British Citizenship & so is now totally passportless & without citizenship to any country. Is this legal?
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Old 19-04-2005, 06:43 AM   #58
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Section 6 and the Constitution

I refer to my previous posting (21 March). It states on the Home Affairs website that section 9 was amended to comply with the Constitution (no citizen to be deprived of citizenship). As section 6 provides a procedure for prior approval of acquiring another citizenship, it may not be invalid.
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Old 19-04-2005, 01:54 PM   #59
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The correct situation is the following:

The South African citizenship laws contain no impediment to dual citizenship;

Foreign nationals who wish to acquire South African citizenship are not required to relinquish or renounce their foreign citizenship. An exception to this rule is Zimbabwe;

Section 20 of the Constitution of the Republic of South Africa (Act number 108 of 1996) expressly provides that “no citizen may be deprived of citizenship”;

The letters of exemption to South African citizens holding foreign passports and which were for five years and are set to expire on the 27th November 2002, may be renewed;

Since 1997 persons holding dual citizenship may still apply for exemptions to utilise their foreign passports under specific conditions without jeopardising their South African citizenship;

The specific conditions, and reference is made to “exceptional circumstances” in the 1997 Citizenship Act are not specifically defined and each case is dealt with on its merits;

The only condition generally attaching to such letters of exemption are that the dual passport holder must enter and exit South Africa on their South African passport but may elect to travel elsewhere on their foreign passport;

It is generally a condition of the foreign country that the passport holder should similarly enter and exit the country of origin of the passport on that countries passport.
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Old 19-04-2005, 02:04 PM   #60
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Quote:
Originally Posted by Tadcaster
I refer to my previous posting (21 March). It states on the Home Affairs website that section 9 was amended to comply with the Constitution (no citizen to be deprived of citizenship). As section 6 provides a procedure for prior approval of acquiring another citizenship, it may not be invalid.

It is not a very well-known fact that by taking up the citizenship of another country and acquiring the passport of that country may cause a South African citizen to automatically lose their South African citizenship status. This is not in accordance with section 20 of the Constitution of South Africa which states that a person may not be deprived of his/her status. However, until such time as this is taken up the
Constitutional Court
level, the possibility exists that this can happen.

There are numerous steps that a South African citizen can take in order to ensure that they are not deprived of the citizenship status by the acquisition citizenship and the passport of a foreign country. Each of the steps will be determined by the date and manner in which such person acquired the status, in other words whether such citizenship was acquired and whether it was acquired voluntarily, involuntarily or automatically.

The steps which can be taken would consist of either an application for retention of South African citizenship, an exemption from the loss of South African citizenship or where it has already been lost, proof an application for resumption of South African citizenship.
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