South African Citizenship

The South African Citizenship Act of 1995 determines that Citizenship of South Africa can be acquired by Birth, Descent and Naturalisation.


BIRTH

In principle, every child born in South Africa acquires South African Citizenship by Birth with certain exceptions. Where a Child is born outside South Africa and:

  • One of the Parents is a South African Citizen at the time of the Birth

  • The Birth is duly Registered in South Africa

  • One of the parents (or the mother, if it is born out of wedlock) is at the time of birth in the Service of the South African Government


such person will be a South African Citizen by birth.


DESCENT

Acquisition of Citizenship by Descent can be obtained in the case of a Child born outside the Republic of South Africa, (1) where one of the Parents is at the time of the Birth a South African Citizen and the Birth is duly registered in South Africa; or (2) A Certificate of Resumption of previous South African Citizenship has been issued to a responsible parent, the birth was duly registered within one year after the Certificate was issued and the Child enters South Africa for permanent residence before becoming a major; or (3) The child is adopted by a South African Citizen and the Birth is duly registered in the Republic.


NATURALIZATION

A Foreigner can become a Citizen of South Africa by means of Naturalisation which occurs by grant of a Certificate of Naturalisation by the Minister in certain circumstances. An Applicant must satisfy the Minister that he or she:

  • Is not a Minor

  • has been lawfully admitted to South Africa for Permanent Residence

  • Satisfies the Statutory Requirements for Residence

  • Is of a good character

  • Intends to Continue to reside in South Africa or to enter or continue in the Service of the Government of the Republic of South Africa or of an international Organization of which the Government of South Africa is a member or of a person or association of persons resident or established in the Republic of South Africa;

  • Is able to communicate in any one of the official languages of the Republic of South Africa to the satisfaction of the Minister; and

  • Has an adequate knowledge of the responsibilities and privileges of South African Citizenship.


Permanent Residence is defined in the Act as: "ordinarily resident in South Africa 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 int he Republic for a further period of not less than 4 years during the 8 years immediately preceding the date of his or her Application."


Taking up Citizenship of another Country is not a decision to be taken up lightly. Application should be made and approved by the Country of Residence or Birth if not South Africa, for retention of prior Citizenship before submitting such Application. All legal factors such as the possibility of Dual Citizenship, must be considered.