SA Citizenship

South African Citizenship by Birth

In terms of the South African Citizenship Act (No. 88) the following persons are South African citizens by birth:

•     Persons born in South Africa before October 06, 1995.
•     Persons born in or out of wedlock on or after October 06, 1995 if one of his or her parents is either a South African citizen or a permanent resident. For those born before October 6, 1995 the mother of the child must have been a South African citizen at the time of the birth of the child.
•     Persons born in South Africa, adopted - by parents of which one parent is a South African citizen, in terms of the Child Care Act of 1983 and also registered in terms of the Birth and Death registrations Act of 1992.
•     Persons born in South Africa, not having the nationality of any other country and also registered in terms of Birth and Death Registrations Act of 1992.
•     Person born outside South Africa and whose parents were at the birth of the child in the service of the South African Government, representative, employee of a person, association of person resident, established in South Africa, was in the service of international organization to which the Government of South Africa is a member.
•     Registrations under this category are normally filed in South Africa and nearest offices of the Department of Home Affairs can be contact in this regard.

South African Citizenship by Decent

The following persons are South African citizens by descent:

•     Persons born outside South Africa of whom one of his or her parents was a South African citizen at the time of his or her birth and whose births are registered in terms of Birth and Death Registrations Act of 1992.
•     Persons born outside South Africa, adopted by a South African citizen, and his or her birth is registered is registered in accordance with the provisions of Birth and Death registrations Act of 1992.
•     Any person in Namibia on or after March 21, 1990 whose mother or father was a South African citizen at the time of the birth of the child.
•     Adopted child whose responsible parent was issued with a certificate of resumption of citizenship and has entered South Africa for permanent residence while he or she was a minor and his or her birth was registered in terms of Birth and Death Registration Act of 1992 within a year after the certificate of resumption was issued.

South African Citizenship by Naturalization

In terms of the South African Citizenship Act (no. 88 of 1995) of 1995, persons who are South African citizens by naturalization or registration or were citizens of any of the former TBVC states by naturalization are regarded as South African citizens by naturalization. Applications for naturalizations are filed only in South Africa and the nearest office of the Department of Home Affairs can be contacted to that effect.

Retention of South African Citizenship

Section 6(2) exemption: This is an exemption issued to a South African citizen intending to retain his or her citizenship. This exemption has to be applied for before a foreign citizenship is taken. Applicants are advised to ensure that they have the exemption certificate in hand, as a proof of the approval of their application before taking up the foreign citizenship. The procedure is as follows:

•     Completed form BI-529E (www.home-affairs.gov.za/forms/citizenship/bi-529.pdf)
•     Completed form BI-1664 (www.home-affairs.gov.za/forms/citizenship/bi-1664.pdf)
•     Copy of applicant’s proof of South African citizenship, eg Id document, valid passport, birth certificate
•     Prescribed fee of € 13.00 to be deposited into the Embassy bank account

Section 26(4) exemption: This is an exemption given to South Africans who took up a foreign citizenship before October 06, 1995. In terms of the said Act, a person who takes up a foreign citizenship without retaining his or her South African citizenship automatically loses his or her South African citizenship. The procedure is as follows:

•     Completed form BI-529E (www.home-affairs.gov.za/forms/citizenship/bi-529.pdf)
•     Completed form BI-1666 (www.home-affairs.gov.za/forms/citizenship/bi-1664.pdf)
•     Proof of foreign citizenship acquired
•     Copy of applicant’s proof of South African citizenship, eg Id document, valid passport, birth certificate
•     Prescribed fee of € 13.00 to be deposited into the Embassy bank account