Citizenship: Resumption of South African Citizenship

Section 20 of the Constitution provides that no citizen may be deprived of their citizenship. This will result in the loss of all the rights, privileges
and benefits reserved for citizens. The aim of this Section is to prevent these consequences and protect citizens against statelessness.

In line with this protection you may apply to have your South African citizenship reinstated if you are a former citizen by birth or descent and
you have returned to the Republic permanently or you are living in the Republic permanently. However, an application for resumption can only
be made after acquiring a foreign citizenship and thereby losing South African citizenship.

Citizenship by birth:

Previously, citizenship by birth applied to everyone born in South Africa and with at least one parent who was a South African citizen or South
African permanent residence holder at the time of birth.

Currently, children who were born in South Africa to permanent residence holders are no longer automatic citizens by birth. Every child
who was born and lived in South Africa qualifies for naturalisation as soon as he/she turns 18 years of age.

Citizen by descent:

Previously, if one was born outside of South Africa to either a South African citizen or adopted by a South African citizen, you could apply for
citizenship by descent at the Department of Home Affairs.

Currently citizenship by descent only exists for children of a different nationality who are adopted by South African citizens.

Naturalisation:

Former citizens by naturalisation are required to re-apply for permanent residence, or apply for exemption thereof before they can be considered
for naturalisation. (Naturalisation entails that you have held a permanent residence permit for at least five years, or you have married a South
African, or you are a minor under 21 years with a permanent residence).

Permanent Residence:

All South African citizens who have lost their South African citizenship retain the right to permanent residence. Where a South African has
taken up foreign citizenship by way of a voluntary and formal act, the applicant’s South African citizenship became forfeit on adopting the
foreign citizenship, but without affecting the applicant’s right to permanent residence.

Permanent residence will entitle the holder to enter, exit, work and remain in South Africa for as long as it suits him/her, but will not
reinstate all the entitlements of a South African citizen such as obtaining a South African passport, identity document or being allowed to vote in general elections.

Documents for the Application:

The following documentation is required to apply for resumption of citizenship in South Africa:

1. Complete the attached Form BI-175 as provided by www.LawyersEzyFind.co.za:

• This Form is in line with Section 13(3) of the South African Citizenship Act which provides for the resumption of South
African citizenship. The main requirement here is that the applicant must have resumed, or intend to resume, permanent residence in South Africa.

• The Form requires disclosure of your acquired foreign citizenship and the specific dates on which you left and
returned to South Africa. This will serve as proof that you have forfeited your South African citizenship and acquired a foreign citizenship.

• Proof of resumption or intention to resume permanent residence must be furnished to the Department of Home
Affairs. This is required to determine whether you have serious intent to return to and remain in South Africa.

2. Complete an application for identity document (Form DHA 9)

3. Complete a Determination of Citizenship Status (Form DHA-529). This involves a process of verifying whether your South African
citizenship has been revoked or not. This is required for any application made through the Department of Home Affairs
regarding South African citizenship;

4. Submit two identity document photographs that comply with the passport and ID photograph specifications;

5. Submit proof that you live in South Africa permanently;

6. Submit your marriage certificate (if applicable) and a copy thereof;

7. Pay the prescribed fee – R 300.

Unintentional Loss of Citizenship:

It is important to note that there are instances where South African citizens, whilst never having left or intending to leave South Africa,
acquire foreign passports without realizing that they first have to go through the retention process. The South African citizen in question
applies for a passport renewal and, in good faith, fills in the passport form, indicating his or her new possession of a foreign passport. The
passport application is refused and the applicant is advised that he or she is no longer a South African citizen regardless of the fact that he or she has never left South Africa.

This applicant now has to go through exactly the same lengthy process of resumption of citizenship mentioned above. The process can take
around four months at the very least to complete, and in the interim has to endure the status of being a foreigner in his or her own country.

Once the resumption process is completed the applicant has to apply for a new identity document and passport and only then resumes his place
in society as a South African citizen. The applicant is now entitled to hold dual nationality.
Exemption:

On another note, if you have lost your South African citizenship through the acquisition of a foreign citizenship prior to 6 October 1995, and you
are permanently residing in South Africa or intending to return to South Africa permanently, you are eligible to apply for an exemption from the loss.

To apply for this exemption you will be required to:

• complete an application Form DHA-1666). (application for exemption) and Form DHA-529);

• pay the prescribed processing fee.