Immigration South Africa - Julian Pokroy Immigration Law Attorneys

BREAKING NEWS

ABOLITION OF THE REQUIREMENT TO OBTAIN DUAL NATIONALITY EXEMPTION LETTERS / LETTER OF PERMISSION IN TERMS OF THE SOUTH AFRICAN CITIZENSHIP ACT

1 November 2004

I have written widely in previous updates and in numerous publications about the requirement to be possessed of a Dual Nationality Exemption letter / letter of permission from the Department of Home Affairs in order to hold and travel on a foreign passport, whilst holding a South African passport, without risking loss of South African Citizenship status.

The South African Citizenship Amendment Act (Act number 17 of 2004) has just been signed into law and has immediately come into effect thereby doing away with the necessity to be possessed of such a Dual Nationality Exemption letter.

The South African Citizenship Amendment Act repeals Section 9 of the South African Citizenship Act of 1995 which regulated the use of the citizenship or nationality of another country by a South African dual citizen.

This inter alia means that the system of exemptions/letters of permission can make use of a foreign passport have been terminated and no further applications for such exemption/letters will be processed by the Department of Home Affairs.

The repealed Section 9 has been replaced with a sanction as specified in the new Section 26(b). Section 26(b) declares it to be an offence for a major South African citizen to enter South Africa or to depart from South Africa making use of the passport of another country. In other words making use of a passport other than a South African passport.

It also criminalizes and makes it an offence for a South African citizen, whilst in the Republic, to use his/her foreign citizenship or nationality to gain any advantage or to avoid any responsibility or duty to South Africa. An example of such action would be the reclaiming of VAT where a South African citizen would normally not be entitled to reclaim such tax.

What the Amendment in essence means is that a South African dual citizen can use his/her foreign passport (citizenship/nationality) freely outside of South Africa, but in South Africa, may not use his/her foreign nationality or citizenship to gain an advantage or to avoid a responsibility or duty which he/she, as a South African citizen, would otherwise not have been entitled or subject to.

The remaining provisions of the South African Citizenship Amendment Act of 1995 remain in place and in specific I refer to the fact that the provisions relating to the loss of South African citizenship by taking up citizenship and the passport of another country still remain.

Citizenship and Nationality Law remains a very complex area of law and you are encouraged to contact our office for a free assessment of your situation should you have any queries.

You are free to contact our office at any time to make enquiries regarding the above.

JULIAN POKROY
IMMIGRATION AND NATIONALITY LAW SPECIALIST ATTORNEY

IMMIGRATION SA

Tel : (012) 460-3410 / 072 372 6007
Fax : (012) 346-1434
Cell : 082 558 5002
Web : www.immigration-sa.com

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