Chairperson, hon Ministers and members, it is befitting that we introduce the South African Citizenship Amendment Bill against the background of the country's national heritage celebration of all her people, black and white.
The Constitution of the Republic states that there is a common South African citizenship; that all citizens are equally entitled to the rights, privileges and benefits of citizenship; are equally subject to the duties and responsibilities of citizenship; and that national legislation must provide for the acquisition, loss and restoration of citizenship.
The main objective of the Citizenship Amendment Bill is to amend provisions of the South African Citizenship Act. In this regard, the Bill will, among other things, ensure that 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 the 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 and who lives in South Africa until the age of 18 years, may apply for naturalisation. Whilst that child is a minor, it should retain the citizenship of its parents.
A child born in the Republic of South Africa that has no claim to any other citizenship will be given South African citizenship in accordance with international law and practice.
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 years instead of four years.
In terms of dual citizenship, a foreign national who wants to acquire South African citizenship and whose country of origin does not permit dual citizenship, would have to renounce their original citizenship before they get South African citizenship. This is a principle of reciprocity because it is not tenable for you to be a dual citizen of countries where one country does not allow dual citizenship. That is the situation we have now and we want to correct that.
The Bill also provides for the withdrawal of citizenship; with the exception of citizenship by birth because if you're a citizen by birth, it is your birthright and nobody can take it away. So withdrawal of citizenship refers to citizenship by naturalisation. In the case where a citizen participates in a war under another country's flag whilst the South Africa law has stated that it is against that war, such person will lose his or her their citizenship. [Applause.]
The Bill also makes provision for stiffer penalties against those who are implicated in the fraudulent acquisition of South African citizenship and identity theft. This is important because at the moment the courts take identity theft very lightly. Nobody goes to jail for identity theft and yet it causes so much grief and harm, both to individuals and the country.
I would like to thank the portfolio committee and its chair, hon Ben Martins, for dealing with this amending Bill expeditiously and efficiently. I hope that the House will give its full support to this Amending Bill as part of reclaiming and protecting our common heritage. Thank you. [Applause.]