South African Citizenship Act 88 of 1995
(Summary)
CHAPTER 1
Interpretation and Application of Act
Definitions:
1. (1) Definitions in this Act (unless context indicates otherwise):
(i) “alien” — person not a South African citizen;
(ii) “customary union” — a marital relationship between a man and a woman under indigenous law, recognized by the Minister per section 1(4);
(iii) “Department” — Department of Home Affairs;
(iv) “former states” — the former Republics of Transkei, Bophuthatswana, Venda, and Ciskei as defined by their respective Acts;
(v) “husband” — includes a husband in a customary union;
(vi) “major” — person aged 21 or declared major by law, or under 21 but legally married;
(vii) “marriage” — includes customary unions;
(viii) “Minister” — Minister of Home Affairs;
(ix) “minor” or “minor child” — any person not a major;
(x) “prescribed” — as prescribed by regulation;
(xi) “prior law” — any law cancelled by section 26;
(xii) “regulation” — regulation made under section 23;
(xiii) “Republic” — Republic of South Africa as per Constitution;
(xiv) “responsible parent” — parent as defined in Guardianship Act, 1993;
(xv) “South African citizenship by registration” — citizenship granted under any pre-Constitution law;
(xvi) “spouse” — includes spouses in customary unions;
(xvii) “this Act” — includes schedules and regulations;
(xviii) “wife” — includes a wife in a customary union.
(2) Interpretations regarding former states and events before the Constitution:
(a) References to entry, residence, or absence include the Republic and former states as they existed before the Constitution;
(b) “in the Republic” and “outside the Republic” include the former states when determining pre-Constitution events;
(c) “Government of the Republic” includes governments of former states for pre-Constitution service.
(3) Additional provisions:
(a) A person born on a registered ship or aircraft is deemed born at the place of registration; if on an unregistered government ship or aircraft, born in that country;
(b) Persons exempted or not subject to Aliens Control Act prohibitions, residing or entering for permanent residence, are deemed lawfully admitted or resident.
(4) Recognition of customary unions:
(a) The Minister may recognize a customary union if satisfied by prescribed information submitted by the applicant and spouse;
(b) The Minister may request additional information or oral evidence to assist in deciding recognition.
CHAPTER 2
Acquisition of South African Citizenship
Citizen by birth
2.(1) A person is a South African citizen by birth if:
(a) They were a citizen by birth before this Act started; or
(b) They were born in South Africa on or after the Act’s commencement; or
(c) They are a citizen by descent under section 3(1)(b), and at birth one parent (or the mother, if born out of wedlock) was:
(i) In service of the South African government;
(ii) A representative or employee of someone or an organisation based in South Africa; or
(iii) In service of an international organisation that included South Africa as a member.
(2) A person is not a citizen by birth under (1)(b) if, at birth, one parent:
(a) Had diplomatic immunity or was a foreign career representative or their employee/household member; or
(b) Was not lawfully admitted for permanent residence, and the other parent was not a South African citizen.
(3) A person who lost their citizenship and later reacquires it by naturalisation is not a citizen by birth.
(4) A person born in South Africa but not a citizen due to subsection (2) may still be a citizen by birth if:
(a) They are adopted by a South African citizen under the Child Care Act, 1983; or
(b)
(i) They have no other citizenship or right to any nationality; and
(ii) Their birth is registered in accordance with the Births and Deaths Registration Act, 1992.
Citizen by decent
3. (1) A person shall be a South African citizen by descent if:
(a) They were a citizen by descent immediately before this Act commenced; or
(b) They are born outside South Africa on or after the commencement of this Act and:
(i) One parent was a South African citizen at the time of birth and the birth is registered as per the Births and Deaths Registration Act, 1992; or
(ii) Their responsible parent resumed South African citizenship under section 13(3), they entered South Africa for permanent residence before becoming a major, and their birth is registered in the Republic within one year of the certificate or a longer approved period; or
(iii) They are adopted under the Child Care Act, 1983, by a South African citizen and their birth is registered as in subparagraph (i).
(2) A person who lost South African citizenship and later reacquires it through naturalisation cannot become a citizen by descent.
Citizen by naturalisation
4. (1) A person is a South African citizen by naturalisation if:
(a) Before this Act started, they:
(i) Were a citizen by naturalisation; or
(ii) Were or were deemed to be a citizen by registration; or
(iii) Were a citizen by naturalisation of a former state; or
(b) After the commencement of this Act, they are granted a naturalisation certificate under section 5.
(2) A person granted such a certificate under (1)(b) becomes a citizen by naturalisation from the date the certificate is issued.
Certificate of naturalisation
5. (1) The Minister may grant certificate of naturalization to an alien who applies in the prescribed form and proves that:
(a) They are not a minor;
(b) They have been lawfully admitted for permanent residence in South Africa;
(c) They have been ordinarily resident in South Africa for at least 1 continuous year before applying, plus 4 more years within the 8 years before applying;
(d) They are of good character;
(e) They intend to continue living in South Africa or serving the government or an organisation based in South Africa;
(f) They can communicate in an official South African language to the Minister’s satisfaction;
(g) They understand the responsibilities and privileges of citizenship.
(2)
(a) Time spent working outside South Africa in government service, on SA-registered transport, or accompanying a spouse in such service, counts as residence in South Africa.
(b) The Minister may also count similar time spent abroad on transport not registered in SA if operating from South Africa.
(3) Time spent in prison after conviction or in South Africa under temporary, conditional, or illegal status does not count as residence for naturalisation.
(4) The Minister may grant naturalisation to a minor (lawfully and permanently resident in SA) on application by a responsible parent or guardian.
(5) The Minister may grant naturalisation to an alien who is:
(a) A spouse (husband, wife, widow, or widower) of a South African citizen, lawfully admitted for permanent residence, and has lived in SA for at least 2 years after marriage;
(b) A spouse of a citizen with permission for permanent residence, who has lived with the spouse in SA or abroad (while employed by SA government) for at least 2 years.
(6) A naturalisation certificate will not be issued to anyone over 18 unless they make the declaration of allegiance in Schedule 1.
(7) The Minister may conduct investigations and require applicants to appear personally.
(8) If an application is refused, the Minister does not need to reconsider it but may accept a new application after one year. However, reconsideration can happen earlier if new relevant information arises.
CHAPTER 3
Loss of South African Citizenship
Loss of Citizenship
6. (1) A South African citizen will lose their citizenship if:
(a) as an adult, they voluntarily and formally obtain citizenship of another country (excluding through marriage); or
(b) they have citizenship of another country and serve in that country’s armed forces while it is at war with South Africa.
(2) Person referred to in subsection one may apply to the Minister to keep their South African citizenship before it is lost, and the Minister may approve the request.
Renunciation of citizenship
7. (1) A South African citizen who plans to acquire another country’s citizenship, or already holds it, may formally renounce their South African citizenship through making a declaration in the prescribed form.
(2) Once the Minister registers this declaration, the person will cease to be a South African citizen.
(3) If a person loses citizenship under subsection (2), their children under 18 will also lose South African citizenship—provided the other parent is not, or does not remain, a South African citizen.
Deprivation of citizenship
8. (1) The Minister may revoke the South African citizenship of a naturalised citizen if:
(a) the naturalisation certificate was obtained through fraud, false statements, or hiding important information; or
(b) the certificate was issued against the provisions of this Act or previous laws.
(2) The Minister may also revoke the citizenship of a person who holds another nationality if:
(a) they have been sentenced in any country to 12 months or more in prison for an offence that would also be a crime in South Africa; or
(b) the Minister believes it is in the public interest to do so.
(3) When citizenship is revoked under this section or sections 9 or 10, the person loses their citizenship from a date set by the Minister. Any certificate issued under this Act must be returned and cancelled. Refusal to surrender such documents is an offence punishable by a fine or imprisonment up to two years.
Deprivation of citizenship on grounds of using citizenship of another country
9. The Minister may revoke the South African citizenship of a person who also holds another nationality if that person has used voting rights, passport services, or taken any other voluntary action that, in the Minister’s view, shows they have used the other country’s citizenship.
Deprivation of citizenship in case of children
10. If a responsible parent loses South African citizenship under sections 6, 8, or 9, the Minister may—considering the Guardianship Act, 1993—order that the minor child (under 18 and born outside South Africa) also ceases to be a South African citizen.
CHAPTER 4
Consequences of Loss of South African Citizenship
Status of persons who cease to be South African Citizenship
11. (1) A person who loses South African citizenship under section 8 will be considered to have the nationality they held before becoming a South African citizen.
(2) A person who loses citizenship under section 10 will also be regarded as having their previous nationality. If they had none, they will be considered to hold the nationality of their responsible parent.
(3) A naturalised citizen who loses South African citizenship under sections 6, 7, 8, 9, or 10 will, for the purposes of the Aliens Control Act, 1991, be treated as a foreign national who:
(i) does not have, or is not deemed to have, a permit under section 25 or 26 of that Act; and
(ii) is not exempt, or deemed exempt, under section 28(2) from the prohibition in section 23(a) of that Act.
(4) The Minister may exempt any person from the application of subsection (3), either permanently or for a set period, and with or without conditions.
Saving of obligations incurred before loss of citizenship
12. If a person loses South African citizenship, they remain responsible for any obligations, duties, or liabilities arising from actions taken before losing their citizenship.
CHAPTER 5
Resumption of South African citizenship
Resumption of South African citizenship
13. (1) The Minister may withdraw an order made under section 9. If this happens, the person regains the South African citizenship they lost, from a date determined by the Minister.
(2) A minor who lost citizenship under section 10 or laws listed in Schedule 2, and who lives in South Africa or returns for permanent residence, may, after turning 18, declare in the prescribed form their wish to resume South African citizenship. If the Minister approves and registers the declaration, the person regains their former citizenship.
(3)
(a) A person who lost citizenship under sections 6, 7, 9, or 10 may apply to regain it:
(i) if they are not covered by section 11(3) and return to or plan to live permanently in South Africa; or
(ii) if they are covered by section 11(3) and receive a permanent residence permit under section 25 of the Aliens Control Act, 1991.
(b) The Minister may approve the application if the reasons for the loss or deprivation of citizenship no longer apply or are insignificant and may issue a certificate in the prescribed form confirming resumption of citizenship.
(4) Section 5(7) applies accordingly to the certificate mentioned in subsection (3)(b).
CHAPTER 6
Miscellaneous Provisions in respect of Citizenship
Marriage does not affect citizenship
14. A married person has the same rights to acquire or lose South African citizenship as an unmarried person. Citizenship is not automatically gained or lost through marriage alone.
Issue of certificate of citizenship in case of doubt
15. (1) The Minister may issue a certificate confirming South African citizenship to a person whose citizenship status is uncertain.
(2) Before issuing the certificate, the Minister may require the person to comply with specific provisions of this Act.
(3) The certificate may state that the person is a South African citizen by birth, descent, or naturalisation, as the Minister considers appropriate.
(4) Unless obtained through fraud, false statements, or concealment of facts, the certificate serves as conclusive proof of the person’s citizenship status at the time of issue, but it does not confirm or deny prior citizenship.
Certificate of South African citizenship
- (1) The Minister may, upon application, issue a certificate confirming the citizenship status of a person who, to the Minister’s satisfaction, is or was a South African citizen.
(2) The certificate will state whether the person is or was a South African citizen by birth, descent, or naturalisation at the specified date or during the stated period, along with any other details the Minister considers appropriate. It does not prevent proof of citizenship at other times.
(3) The Minister may require suitable evidence of citizenship before issuing such a certificate.
Evidence
17. Any certificate issued under this Act or earlier laws, or any certified extract from a related register, shall serve as prima facie evidence of the details it contains in all courts of law.
Penalty for false representations or statements
18. Anyone who knowingly makes a false representation or false statement in any material respect for the purposes of this Act commits an offence and, upon conviction, is liable to a fine or imprisonment for up to eight years.
Amendment of certificates of citizenship
19. (1) The Minister may correct errors or update details in any certificate issued under this Act or prior laws by amending the certificate.
(2) An amended certificate is effective from the date of the amendment.
(3) The Minister may require any person to produce a certificate needing amendment. Refusal or failure to produce it when requested is an offence, punishable by a fine or imprisonment up to two years.
Determination of questions of residence
20. If there is any question under this Act about whether a person was resident or ordinarily resident in South Africa, the Minister shall make the determination.
Instruction in responsibilities and privileges of South African citizenship
21. The Minister may:
(a) arrange for South African citizens, and
(b) provide facilities for applicants for naturalisation, to receive instruction on the rights and responsibilities of South African citizenship as deemed appropriate.
CHAPTER 7
General Provisions
Delegation of powers
22. The Minister may delegate any powers under this Act (except those in section 25) to a Department officer, subject to conditions. The Minister retains overall authority and may overturn or amend any decisions made by the delegate.
Regulations
23. The Minister may make regulations consistent with this Act regarding:
(a) the application form for naturalisation certificates;
(b) the form of naturalisation certificates;
(c) officials before whom renunciation or resumption declarations may be made;
(d) issuing certificates acknowledging citizenship for persons born outside South Africa;
(e) fees for certificates or approvals, in consultation with the Minister of Finance; and
(f) any other matters necessary or convenient to administer or fulfill the purposes of this Act.
Application of Act
24. This Act, including any amendments, applies to the Prince Edward Islands.
Review of Minister’s decision by court of law
25. (1) Any provincial or local division of the Supreme Court of South Africa may review decisions made by the Minister under this Act.
(2) The court may require the Minister to provide reasons and relevant information, and it has the authority to:
(a) assess the merits of the case; and
(b) confirm, change, or overturn the Minister’s decision.
Repeal of laws
26. (1) The laws listed in Schedule 2 are repealed as specified in that Schedule.
(2) Any action taken under a repealed provision that can still be done under this Act is considered to have been done under this Act.
(3) Anyone previously disqualified from making a declaration to obtain South African citizenship due to age limits in a repealed provision is now considered never to have been disqualified.
Short title
- This Act is called the South African Citizenship Act, 1995.
SCHEDULE 1
(Section5(6))
DECLARATION OF ALLEGIANCE
I, ……………………………………………..(AB), do hereby solemnly declare that I will be loyal to the Republic of South Africa, promote all that will advance it and oppose all that may harm it, uphold and respect its Constitution and commit myself to the furtherance of the ideals and principles contained therein.
Signed at. …………………………………………. on this …………… day of
…………………………………… (month), 19………
SIGNATURE
In the presence of the following two witnesses who are South African citizens.
- (WITNESS)
- (WITNESS)
SCHEDULE 2
(Section 26)
| No. and year of law | Short title | Extent of repeal |
| Act No. 44 of 1949 | South African Citizenship Act, 1949 | The whole |
| Act No. 64 of 1961 | South African Citizenship Amendment Act, 1961 | The whole |
| Act No. 69 of 1962 | Commonwealth Relations Act, 1962 | Section 13 and
sections 18 to 28 inclusive |
| Act No. 23 of 1964 | Residence in the Republic Regulation Act, 1964
|
The whole
|
| Act No. 41 of 1973 | South African Citizenship Amendment Act, 1973 | The whole |
| Act No. 53 of 1978 | South African Citizenship Amendment Act, 1978 | The whole |
| Act No. 30 of 1980 | South African Citizenship Amendment Act, 1980 | The whole |
| Act No. 95 of 1981 | South African Citizenship Amendment Act, 1981 | The whole |
| Act No. 43 of 1984 | South African Citizenship Amendment Act, 1984 | The whole |
| Act No. 53 of 1986 | Matters concerning Admission to and Residence in
the Republic Amendment Act, 1986
|
The whole
|
| Act No. 74 of 1990 | South African Citizenship at Attainment of lndepen-
dence by Namibia Regulation Act, 1990
|
The whole
|
| Act No. 70 of 1991 | South African Citizenship Amendment Act, 1991
|
The whole
|
| Act No. 132 of 1993 | General Law Fourth Amendment Act, 1993
|
Sections 5, 6, 7,
8 and 9
|
| Act No. 196 of 1993 | Restoration and Extension of South African Citizen-
ship Act, 1993
|
The whole
|
| Act No. 15 of 1976 (Transkei) | Republic of Transkei Constitution Act, 1976 | Sections 57 and
58 |
| Act No. 26 of 1976 (Transkei) | Citizenship of Transkei Act, 1976 | The whole |
| Act No. 18 of 1977 (Bophuthatswana) | Republic of Bophuthatswana Constitution Act, 1977 | Section 80 |
| Act No. 19 of 1978 (Bophuthatswana) | Bophuthatswana Citizenship Act, 1978 | The whole |
| Act No. 15 of 1986 (Bophuthatswana) | Bophuthatswana Citizenship Amendment Act, 1986 | The whole |
| Act No. 9 of 1979 (Venda) | Republic of Venda Constitution Act, 1979 | Sections 59 and
60 |
| Act No. 8 of 1980 (Venda) | Citizenship of Venda Act, 1980 | The whole |
| Act No. 20 of 1981 (Ciskei) | Republic of Ciskei Constitution Act, 1981 | Section 67 |
| Act No. 38 of 1984 (Ciskei) | Ciskeian Citizenship Act, 1984 | The whole |
| Act No. 7 of 1987 (Ciskei) | Ciskeian Citizenship Amendment Act, 1987 | The whole |
| Act No. 16 of 1988 (Ciskei) | Ciskeian Citizenship Amendment Act, 1988 | The whole |