Date: 16/09/2010
Source: The Department of Home Affairs
Title: SA: Dlamini-Zuma: Address by the Minister of Home Affairs, at the introduction of the SA Citizenship Amendment Bill, National Assembly, Cape Town

Honourable Speaker
Honourable Chairperson of the Portfolio Committee on Home Affairs
Honourable Deputy Minister Malusi Gigaba
Honourable Members of the National Assembly
Ladies and Gentlemen

It is only befitting that we introduce the South African Citizenship Amendment Bill against the background of national celebration of the national heritage of all our people, black and white. Accordingly, as members of this esteemed House, we join our people in celebrating all that constitutes our being proudly South African - ubuntu, patriotism and allegiance to our country and its people.

In this regard the National Constitution states specifically that there is a common South African Citizenship; that all citizens are equally entitled to the rights , privileges and benefits of citizenship; are equally subject to the duties and responsibilities of citizenship; and that National legislation must provide for the acquisition, loss and restoration of citizenship.

As part of giving effect to these noble provisions of the Constitution, the Department has been engaged in the ongoing review of legislation that guides and governs its work. In this context, we came to the realization that certain aspects of the current South African Citizenship Act needs to be aligned to the provisions of the Bill of Rights as enshrined in the Constitution.

Accordingly, the main objective of the South African Citizenship Amendment Bill is to amend provisions of the South African Citizenship Act that deals with citizenship by birth, naturalization, and the loss of citizenship in terms of the mandate of the Department of Home Affairs.

In this regard, Honourable Members, the South African Citizenship Amendment Bill will among others ensure:
• A child born to a South African parent inside or outside the country is a South African by birth as long as the child is registered according to South African law.
• A child born of non South African parents but adopted by South African parents is a citizen by descent.
• A child born of non South African parents in South Africa, may, at the age of 18 years apply for naturalization. While he or she is a minor, such children will retain the citizenship of their parents.
• A child with no claim to any citizenship will be given South African citizenship in accordance with international law and practice.

Furthermore, the Bill envisages conferring South African citizenship upon a child born to foreign parents living in South Africa, when that child reaches the age of majority, which is 18 years as defined in the Children's Act of 2005.

Another important amendment is the requirement that foreign nationals who have acquired the status of Permanent Residents and who wish to obtain a Certificate of Naturalization must have been resident in the country for five instead of the current four years.

With regard to the issue of dual citizenship, the amendment bill seeks to ensure that, in the case of foreign nationals who want to acquire South African citizenship, and yet his or her country of origin does not permit dual citizenship, such a person would have to renounce their original citizenship before the South African citizenship can be conferred upon. In this regard, the principle of reciprocity also applies.

The bill also provides for the withdrawal of naturalized citizenship in the case of the holder participating in wars, under another country's flag, while such an act conflicts with South Africa's the stated policy. In this regard, it is our view that this Amendment Bill will reinforce the provisions of South Africa's Foreign Military Assistance Act.

The bill also provides for stiffer penalties for those implicated in the fraudulent acquisition of South African citizenship and identity theft.