We shall now analyse the different ways of acquiring citizenship by birth in South Africa:
Firstly, a person qualifies for the acquisition of South
... [Show More] African citizenship by birth if he or she was a South African citizen by birth immediately prior to 01 January 2013 (the date of commencement of the Citizenship Amendment Act 2010).
Secondly, a person qualifies for the acquisition of South African citizenship by birth if he or she was born in or outside the Republic and one of his or her parents, at the time of his or her birth, is a South African citizen.
Worthy of note is that a person born in the Republic qualifies for citizenship by birth even if one of his parents is not a South African citizenship if:
a. He or she does not have the citizenship or nationality of any other country, or has no right to such citizenship or nationality and his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act 51 of 1992.
b. His parents are admitted into the Republic for permanent residence status and such a person born in the republic has lived in the Republic from the date of his or her birth to the date of becoming a major (18 years) and his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act 51 of 1992)
According to Watters (2010), the words “admitted into the Republic for permanent
residence” suggest that they intend to benefit only those children whose parents entered South Africa lawfully or have had their residence duly regularised.
Therefore, this means that since Jonathan’s parents entered the country unlawfully, he will not qualify for citizenship by birth even if he reaches the age of 18 years (ibid).
1.2 Reliance, a foreigner, was convicted of rape and sentenced to nine years imprisonment in 2001. He served his nine-year sentence in Pretoria prison. He tells you that he wants to apply for a certificate of naturalisation after having been in South Africa for ten years. Will he be issued with a certificate of naturalisation? Advise him.
Citizenship by naturalisation occurs when a foreigner receives a certificate of naturalisation that gives him or her, the rights and privileges of a citizen.
For a Reliance to be issued with a certificate of naturalisation, he must comply with the following requirement: [Show Less]