FAQ: Why are naturalised South African citizens not entitled to ID cards?

Following our trending story on smart ID card applications, the SAPeople website has been inundated with messages from naturalised South African citizens.

They say, despite qualifying for citizenship by holding a permanent residence permit for no less than five years, the Department of Home Affairs affords them no opportunity to receive a South African smart ID.

But why …?

NATURALISED SOUTH AFRICAN CITIZENS

To better understand the plight of naturalised South African citizens, let’s explain the criteria to become eligible for South African citizenship.

According to the Western Cape Government website, which quotes the South African Citizenship Amendment Act of 2010, the three ways to gain South African citizenship are:

1. BIRTH

• If you were born in South Africa before 6 October 1995.
• If born in South Africa after 6 October 1995, one of your parents must be a South African citizen or have held a South African permanent residence permit at the time of your birth.
• You must be adopted by a South African citizen.
• Or adopted by someone who holds a South African permanent residence permit.
• Your birth must have been legally registered within 30 days.

2. DESCENT

• If you were born outside of South Africa but one of your parents is a South African citizen.
• If you were adopted by a South African citizen, and your birth was registered legally within 30 days.

3. NATURALISATION

The topic of naturalised South African citizens appears to be so contentious due to systemic inefficiencies within the Department of Home Affairs. Nevertheless, the law says the following:

• You must hold a permanent residence permit for at least five years.
• You’re also eligible if you’ve married a South African, or you are a minor (21-years old) with permanent residence.

WHAT’S THE ISSUE WITH ID CARDS?

We tracked down a statement from Democratic Alliance MP, Angel Khanyile.

In it the party lodged a complaint with the Public Prosecutor over discrimination against naturalised citizens.

It explains that naturalised South African citizens are not being issued Smart ID cards to replace their old green ID booklets.

Furthermore, the DA says this is a serious infringement on the rights of individuals who are South African citizens in every respect of citizenship law.

Thus effectively relegating them to second-class citizens in their own country.

The DA says it has raised this issue repeatedly with the Parliament Portfolio Committee on Home Affairs.

However, despite the minister’s undertaking to address the issue, nothing has come of it in more than 10 years of smart ID cards in South Africa.

The party is calling it a miscarriage of administrative justice. What do you think?

This article on naturalised South African citizens is for informational purposes only and should not be construed as immigration or legal advice. For further details and advice we recommend getting in touch with Lawyers for Human Rights. You can call their immigration hotline on 0800 079 614 or WhatsApp them on +27 81 7168 791.