SOUTH AFRICAN CITIZENSHIP AMENDMENT ACT, 2004 (ACT NO. 17 OF 2004)
The Amendment Act repealed section 9 of the South African Citizenship Act, 1995 as of 15th September 2004, which regulated the use of the citizenship or nationality of another country by a South African dual citizen.
This inter alia means that the system of exemption/letters of permission to make use of a foreign passport has now been terminated. No further applications in this regard may therefore be processed.
The repealed section 9 has been replaced with a section as specified in the new section 26B. Section 26B reads as follows:
â€œ A major citizen who-
1. enters the Republic or departs from the Republic making use of the passport of another country; or
2. 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,
3. is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 monthsâ€.
From section 26B you will notice that it will henceforth be an offence for a major South African citizen to enter the Republic or to depart there from making use of the passport of another country. In other words making use of a passport other than a South African passport.
Furthermore, it will also be an offence for such a citizen, while in the Republic, to use his or her foreign citizenship or nationality to gain an advantage or to avoid a responsibility or duty.
In essence, the Amendment provides that a South African dual citizen can use his or her foreign passport (citizenship/nationality) freely outside South Africa, but in South Africa, may not use his or her foreign nationality or citizenship to gain an advantage or to avoid a responsibility or duty which he or she, as a South African citizen, would otherwise not have been entitled or subject to.
Any enquiries in regard to this notice should be directed in writing to the consul:
South African High Commission,
Home Affairs, Consular Section,
London, SW1A 2DD.