New Dual Nationality Bill clarified

REPORTS that South Africa may follow the Southern African Development Community (SADC) and other countries across Africa by forbidding dual citizenship have been confirmed to be false.

An article published late last year in the SundayTimes stated that foreigners who wanted to become South African citizens would have to renounce the citizenship of their country of origin, especially if they came from countries that forbade dual citizenship. But specialist immigration lawyer, Chris Watters, says the new Citizenship Amendment Act has definitely not scrapped dual citizenship. “The muttering around this whole issue has been about two things. If a foreign person wishes to apply for naturalisation as an SA citizen, he or she must satisfy the Minister that:
• he or she is currently a citizen of a country that permits dual citizenship or,
• if he or she is not, must submit proof to the Minister that he or she has renounced the other citizenship.”A draft copy of a Bill, which was tabled before Parliament in late November and can be found on the South African Government Information website, seeks to amend the Act by revising the categories of persons who qualify for citizenship by naturalisation. The conclusion of the amended Act is that only persons who became citizens by naturalisation are affected.

For example, an individual born in the UK, carrying a UK passport and naturalised as a South African citizen (because the UK allows dual nationality) can retain both passports. If, however,an individual was born in Germany (which does not allow dual citizenship), the amendment states that dual nationality is not allowed – according to that country’s own nationality laws. Therefore, dual citizenship is still allowed by SA but only if the nationality to which a person belongs allows it, says Chris.

But how will South African authorities track and document how many citizens hold dual nationality? At present, no figures are available from Home Affairs. “It is possible,” says Chris, “that the ‘problem’ may never be picked up or it could be as simple as the lack of [other countries’] arrival and departure stamps in the SA passport. Another give-away is where the person applies for a new SA passport at an embassy when the department records show the person has been out of the country for a while. When you apply for a new foreign passport locally and you are from a country that prohibits dual nationality, they usually want a letter from Home Affairs confirming you are not an SA citizen.”

Chris also notes that the country laws pertaining to dual nationality are very changeable. “What was law last week may no longer be law this week and it isimperative to check withthe relevant country when applying for citizenship."

SADC countries:

• Angola

• Botswana

• Democratic Republic of Congo

• Lesotho

• Malawi

• Mauritius

• Mozambique

• Namibia

• Swaziland

• Tanzania

• Zambia

• Zimbabwe

• Seychelles

• Madagascar (membership currently suspended)

Other countries:

• Brunei

• Chile

• China

• Denmark

• Ecuador

• Fiji

• Indonesia

• Japan

• Kazakhstan

• Kenya

• Kiribati

• Kuwait

• Malaysia

• Mauritius

• Myanmar

• Nepal

• Norway

• Papua New Guinea

• Peru

• Poland

• Portugal

• Romania

• Saudi Arabia

• Singapore

• Solomon Islands

• Turkey

• Venezuela

 Source: Henley & Partners, ETNW

Countries that do not allow dual citizenship