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South African Citizenship Amendment Act, 2004


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Old 27-10-2004, 01:46 PM   #1
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Exclamation Topic of Importance - South African Citizenship Amendment Act, 2004

THE PRESIDENCY
No. 1087 15 September 2004

It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–

No. 17 of 2004: South African Citizenship Amendment Act, 2004.

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; and to make provision for other penalties instead of the loss of citizenship; and to provide for matters connected herewith.

BE IT ENACTED by Parliament of the Republic of South Africa, as follows:-
Repeal of section 9 of Act 88 of 1995
1. Section 9 of the South African Citizenship Act, 1995, is hereby repealed.
Insertion of section 26B in Act 88 of 1995
2. The following section is hereby inserted in the South African Citizenship Act,
1995, after section 26A:
“Use of foreign citizenship
26B. 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 to imprisonment for a period not exceeding 12 months.”.

Short title
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10
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3. This Act is called the South African Citizenship Amendment Act, 2004.


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For those who would like to see the original document as published in the Government Gazette >>

http://www.info.gov.za/gazette/acts/2004/a17-04.pdf
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Old 28-10-2004, 12:50 PM   #2
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From what I understand, you can now hold dual nationality without permission. But when you enter South africa you have to use your South african passpport.
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Old 28-10-2004, 02:48 PM   #3
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Does this mean if I use my Italian passport to purchase foreign exchange whilst in South Africa I will be breaking the law?

As a South African citizen, because my travel originates outside of South Africa, I am not permitted to purchase foreign exchange in my own country - I was always under the impression though that I could use my other passport to circumvent this pointless and truly stupid regulation?
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Old 29-10-2004, 04:53 PM   #4
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Quote:
Originally posted by Bushbaby
Does this mean if I use my Italian passport to purchase foreign exchange whilst in South Africa I will be breaking the law?

As a South African citizen, because my travel originates outside of South Africa, I am not permitted to purchase foreign exchange in my own country - I was always under the impression though that I could use my other passport to circumvent this pointless and truly stupid regulation?
BB you should still be able to do this, it is simply that they want you to use your SA passport if entering SA.
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Old 02-11-2004, 10:35 AM   #5
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Quote:
Originally posted by mcamp999
From what I understand, you can now hold dual nationality without permission. But when you enter South africa you have to use your South african passpport.
Not quite so I'm afraid.
Unless your dual nationality was acquired by descent, you will still need to obtain a section 6 exemption should you wish to acquire a foreign nationality by naturalization or other means.
The repeal of Section 9 now means that you may use a foreign passport for travel and that the section 9 exemption is no longer required to hold more than one passport. You are correct in that SA citizens MUST enter and depart SA on a South African passport.
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Old 02-11-2004, 10:39 AM   #6
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Quote:
Originally posted by Bushbaby
Does this mean if I use my Italian passport to purchase foreign exchange whilst in South Africa I will be breaking the law?

As a South African citizen, because my travel originates outside of South Africa, I am not permitted to purchase foreign exchange in my own country - I was always under the impression though that I could use my other passport to circumvent this pointless and truly stupid regulation?
There is nothing stopping you purchasing foreign currency in SA with your SA passport! This is law so as to prevent contravention of SA currency control regulations. If this presents a problem, you can still buy forex after leaving immigration at Joburg Int.
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Old 02-11-2004, 01:10 PM   #7
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Quote:
Originally posted by mcamp999
BB you should still be able to do this, it is simply that they want you to use your SA passport if entering SA.
I thought it was okay to enter SA on a foreign passport, as long as you leave on the same foreign passport?

Now I am in the process of applying for my Naturalisation, but did not bother trying to retain my SA citizenship......how does this affect me? Can I still keep my SA passport???
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Old 02-11-2004, 02:12 PM   #8
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Pam as far as I know you loose it, I am not sure how it can be re-instated, but you are supposed to apply for retention of your SA citizenship first. You will never loose your right to return to SA and live there cause you were born there.

Give SA house a ring to see what can be done about your SA passport. And let us know cause there are a few people who have done this, get their UK first.
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Old 02-11-2004, 04:12 PM   #9
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Quote:
Originally posted by Pam M
I thought it was okay to enter SA on a foreign passport, as long as you leave on the same foreign passport?

Now I am in the process of applying for my Naturalisation, but did not bother trying to retain my SA citizenship......how does this affect me? Can I still keep my SA passport???
As far as I know, even if they rescind your citizenship and strip you of your passport, they cannot take away your right to residency. It may not seem much of a comfort but it is something.
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Old 02-11-2004, 04:24 PM   #10
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Quote:
Originally posted by Bushbaby
As far as I know, even if they rescind your citizenship and strip you of your passport, they cannot take away your right to residency. It may not seem much of a comfort but it is something.
That's fine, thanks. I have no intention of ever living there again, I just thought that with the law changing, maybe it would be worth my while to keep the SA passport, although I don't know why I thought that...

Quote:
Originally posted by nikkinaz
Pam as far as I know you loose it, I am not sure how it can be re-instated, but you are supposed to apply for retention of your SA citizenship first. You will never loose your right to return to SA and live there cause you were born there.

Give SA house a ring to see what can be done about your SA passport. And let us know cause there are a few people who have done this, get their UK first.
Thanks Nikki. Like I said to Bushbaby, I really have bo intention of living there again, so I suppose there really is no need for me to retain it. It was more out of interest than anything else...
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