Citizenship
South African citizenship has primarily been founded on conceptions of racial entitlement and lawful residence. The development of migration restrictions attached to different racial groups in the Cape and the Boer Republics provided the precursor to South African citizenship: Union nationality. The immigration laws reacting to the influx of Asian in the early 20th century provided the unidirectional basis of South African citizenship. This identification method developed out of the Transvaal immigration bureaucracy became to standard throughout the other republics after the unification in 1909. The restrictive nature of union nationality led to the establishment of a categorical citizenship that lacked any positive rights.
The Bill of Rights created in 1996 established the modern characteristics of South African citizenship. It utilizes a combination of the principles of jus soli and jus sanguinis. Children born in South Africa to parents who are both permanent residents (but not citizens) or to one parent who is a citizen will obtain citizenship via jus soli. Children born outside the country to at least one citizen-parent can obtain citizenship if the South African population authorities are properly notified about the birth. For many individuals born to non-permanent residents can apply for South African citizenship through the naturalization process which has eight primary requirements:
- Valid permanent residence permit or exemption.
- One year's ordinary residence in the Republic of South Africa immediately prior to the application.
- In addition 4 years of physical (actual) residence in the RSA during the eight years before the application (excluding the year of ordinary residence).
- If married to a South African spouse, two years of permanent residence and two years of marriage to the South African spouse immediately prior to the application.
- Intends to continue to reside in the Republic or falls within the further categories specified in section 5(1)(e).
- Be of good and sound character.
- Able to communicate satisfactorily in any one of the official languages of South Africa.
- Have adequate knowledge of the duties and responsibilities of a South African citizen.
Read more about this topic: History Of South African Nationality
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