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South African Citizenship Act, 1995 (Act No. 88 of 1995)

Chapter 5 : Resumption of South African Citizenship

13. Resumption of South African citizenship

 

(1) [Subsection (1) deleted by section 10(a) of Act No. 17 of 2010)

 

(2) A minor who has in terms of section 10 or a provision in any of the laws referred to in Schedule 2 ceased to be a South African citizen and who is resident in the Republic or has returned to the Republic for permanent residence therein, may at any time after attaining the age of 18 years make a declaration in the prescribed form stating that he or she wishes to resume South African citizenship, and if the Minister deems it fit, he or she may order that such a declaration be registered, and upon registration thereof, such person shall resume his or her former South African citizenship.

 

(3)

(a) Any person who ceased to be a South African citizen by virtue of the provisions of any prior law or by virtue of the provisions of section 9 as it existed immediately before its repeal by section 1 of the South African Citizenship Amendment Act, 2004 (Act No. 17 of 2004), or who ceases to be a South African citizen by virtue of the provisions of section 6, 7, 8, or 10, may—
(i) if he or she is not a person referred to in section 11(3) and who is residing in the Republic permanently or returns to the Republic for permanent residence therein, as the case may be; or
(ii) if he or she is a person as referred to in section 11(3) and a permit for permanent residence referred to in section 25 of the Immigration Act is issued to him or her,

apply to the Minister in the prescribed manner for the resumption of his or her former South African citizenship.

(Subsection (3)(a) amended by section 10(b) of Act No. 17 of 2010)

(b) The Minister may upon receipt of such an application allow such person to resume his or her former South African citizenship if the Minister is satisfied that the grounds for the loss or deprivation of his or her South African citizenship no longer exist or are of any consequence, and issue to him or her a certificate to that effect in the prescribed form.

 

(4) The provisions of section 5(7) shall apply with the changes required by the context in respect of a certificate referred to in subsection (3)(b).

(Subsection (4) amended by section 10(c) of Act No. 17 of 2010)