Home Affairs Minister Dr. Nkosazana Dlamini Zuma today Tuesday, 26 October 2010 welcomed the adoption of the South African Citizenship Amendment and Births and Deaths Registration Amendment Bills by the National Assembly.
Speaking on conclusion of the voting by Members of Parliament, Minister Dlamini Zuma said, “The department has, for some time, been reviewing legislation that governs its work. I am therefore very pleased that these two bills have been adopted by the National Assembly, which will go a long way towards giving expression to the commitment given to the nation by government to ensure a better life for all who live in South Africa.”
Clarifying Births and Deaths Registration Amendment Bill, the minister said, “Current social conditions necessitated a review of the provisions in the current Birth and Deaths Registration Act to ensure that the process is as humane, secure and dignified as possible.”
“Accordingly, this bill seeks to streamline the procedures related to the following:
- Who, other than parents, should register the birth of a child, including the next of kin or a legal guardian
- The registration of orphans and abandoned children
- Simplification of the process for the change of surnames of children and adults
- Paternity including steps to be followed when a mother registers a child under one father and later changes to another
- Registration of birth after 30 days
- The registration of adopted children to ensure alignment to the Children’s Act 2005.”
“This Bill also outlines procedures for persons who choose to change their gender while providing stiffer penalties for those implicated in fraudulent birth and death registrations.”
On the South African Citizenship Amendment Bill, Minister Dlamini Zuma said, “Through our review of current legislation, we came to realise that certain aspects of the South African Citizenship Act needs to be aligned to the provisions of the Bill of Rights as enshrined in the Constitution. Accordingly, the main objective of the South African Citizenship Amendment Bill is to amend provisions of the South African Citizenship Act that deals with citizenship by birth, naturalisation, and the loss of citizenship in terms of the mandate of the Department of Home Affairs.”
“The South African Citizenship Amendment Bill will among others ensure:
- A child born to a South African parent inside or outside the country is a South African by birth as long as the child is registered according to South African law
- A child born of non-South African parents but adopted by South African parents is a citizen by descent
- A child born of non-South African parents in South Africa, may, at the age of 18 years apply for naturalisation. While he or she is a minor, such children will retain the citizenship of their parents
- A child with no claim to any citizenship will be given South African citizenship in accordance with international law and practice.”
“Further South African citizenship will be conferred upon a child born to foreign parents living in South Africa, when that child reaches the age of majority, which is 18 years as defined in the Children’s Act of 2005.
Another important amendment is the requirement that foreign nationals who have acquired the status of permanent residents and who wish to obtain a certificate of naturalisation must have been resident in the country for five instead of the current four years.”
“With regard to the issue of dual citizenship, the amendment bill seeks to ensure that, in the case of foreign nationals who want to acquire South African citizenship, and yethis or her country of origin does not permit dual citizenship, such a person would have torenounce their original citizenship before the South African citizenship can be conferred upon. In this regard, the principle of reciprocity also applies.”
“Finally, the bill also provides for the withdrawal of naturalised citizenship in the case of the holder participating in wars, under another country’s flag, while such an act conflicts with South Africa’s the stated policy. The bill also provides for stiffer penalties for those implicated in the fraudulent acquisition of South African citizenship and identity theft.”
“The adoption of these bills will also ensure we guard and protect our citizenship as well as honour the processes involved with the registration of birth and deaths. This will serve to build in our nation a spirit of respect for our nationality, a spirit which will also ensure we do not engage in criminal or illicit activities related to, amongst others, identity fraud. Both bills will now be deliberated upon and finalised by the National Council of Provinces (NCOP),” concluded Minister Dlamini Zuma.
