| (1) |
The Minister may, upon application in the prescribed manner, grant a certificate of naturalisation as a South African citizen to any foreigner who satisfies the Minister that— |
| (a) |
he or she is not a minor; and |
[Subsection (1)(b) amended by section 5(b) of Act No. 17 of 2010]
| (c) |
he or she is ordinarily resident in the Republic and that he or she has been so resident for a continuous period of not less than five years immediately preceding the date of his or her application; and |
[Subsection (1)(c) amended by section 5(b) of Act No. 17 of 2010]
| (d) |
he or she is of good character; and |
| (e) |
he or she intends to continue to reside in the Republic or to enter or continue in the service of the Government of the Republic or of an international organisation of which the Government of the Republic is a member or of a person or association of persons resident or established in the Republic; and |
| (f) |
he or she is able to communicate in any one of the official languages of the Republic to the satisfaction of the Minister; and |
| (g) |
he or she has adequate knowledge of the responsibilities and privileges of South African citizenship; and |
[Subsection (1)(g) amended by section 5(c) of Act No. 17 of 2010]
| (h) |
he or she is a citizen of a country that allows dual citizenship: Provided that in the case where dual citizenship is not allowed of that country and furnishes the Minister with the prescribed proof of such renunciation. |
[Subsection (1)(h) inserted by section 5(d) of Act No. 17 of 2010]
[Subsection (1) amended by section 5(a) of Act No. 17 of 2010]
| (a) |
Any period during which an applicant for naturalisation has been employed outside the Republic in the service of the Government of the Republic (otherwise than as a person engaged locally) or on a ship or aircraft or a public means of transport registered or licensed in and operating from the Republic, and any period during which an applicant for naturalisation has been resident outside the Republic with his or her spouse while the latter was so employed, shall, for the purposes of subsection (1), be regarded as a period of residence or ordinary residence in the Republic. |
| (b) |
For the purposes of subsection (1) the Minister may, in his or her discretion, regard as a period of residence or ordinary residence in the Republic any period during which an applicant for naturalisation has been employed outside the Republic on a ship, aircraft or public means of transport operating from the Republic, and any period during which an applicant for naturalisation has been resident outside the Republic with his or her spouse while the latter was so employed, notwithstanding the fact that such ship, aircraft or public means of transport was not registered or licensed in the Republic. |
| (3) |
Any period during which an applicant for naturalisation— |
| (a) |
is or was confined in a prison or other place of detention in the Republic after being convicted; or |
| (b) |
has sojourned in the Republic, either conditionally, temporarily or in contravention of any law in force in the Republic, |
shall for the purposes of subsection (1), not be regarded as a period of residence or ordinary residence in the Republic.
| (a) |
The Minister may, notwithstanding the provisions of subsection (1), upon application in the prescribed form for a certificate of naturalisation in respect of a minor who is permanently and lawfully resident in the Republic, grant to that minor a certificate of naturalisation as a South African citizen. |
| (b) |
An application in terms of paragraph (a) must be made by the responsible parent or the legal guardian of the minor concerned. |
[Subsection (4) amended by section 5(e) of Act No. 17 of 2010]
| (5) |
The Minister may, notwithstanding the provisions of subsection (1), upon application in the prescribed manner, grant a certificate of naturalisation as a South African citizen to a foreigner who satisfies the Minister that he or she is the spouse or surviving spouse of a South African citizen and that he or she has been— |
| (a) |
admitted to the Republic for permanent residence; |
| (b) |
ordinarily resident in the Republic for a prescribed period; and |
| (c) |
married to such citizen during the period contemplated in paragraph (b). |
[Subsection (5) amended by section 5(f) of Act No. 17 of 2010]
| (6) |
A certificate of naturalisation shall not be issued to any person over the age of 18 years before that person has made the declaration of allegiance set forth in Schedule 1. |
| (7) |
The Minister may in respect of any person who has applied for a certificate of naturalisation make such enquiries as the Minister may deem fit, and require such person to appear personally before him or her or a person designated by him or her. |
| (8) |
If the Minister has refused an application for a certificate of naturalisation by or on behalf of any person, the Minister shall not be obliged to reconsider such application at any time, but shall not consider another application for a certificate of naturalisation by or on behalf of such person until the expiration of a period of at least one year from the date upon which the person in question was advised of the Minister's decision: Provided that the Minister shall at any time reconsider an application if he or she receives any new information regarding the applicant which may influence his or her original decision. |
| (a) |
Notwithstanding anything to the contrary contained in subsection (1)(c), the Minister may under exceptional circumstances grant a certificate of naturalisation as a South African citizen to an applicant who does not comply with the requirements of subsection (1)(c) relating to residence or ordinary residence in the Republic. |
[Subsection (9)(a) amended by section 5(g) of Act No. 17 of 2010]
| (b) |
The Minister shall within 14 days after the commencement of the sittings if Parliament in each year table in Parliament the names of any person whom certificates of naturalisation were granted under paragraph (a) in the immediately preceding year, include the reasons for the granting of any such certificates. |
[Subsection (9) inserted by section 4 of Act No. 69 of 1997]
Natural Scientific Professions Act, 2003
