Cpd

• The purpose of this module is to enable understanding and identification of concepts relating to citizenship, democracy and the Constitution
• This module will equip students with theoretical knowledge, skills and competencies to analyse and evaluate situations pertaining to citizenship and democracy in South Africa
• There is no prescribed textbook for this module; this study guide is all that you require
• Students are encouraged to read as much as they can for their own interest and to build up their knowledge
• This is a blended module requiring students to log on to MyUnisa once a week for updates
• Students will need a copy of the 1996 Constitution for this module
• Part A covers citizenship law and contains four study units
• Part B covers public participation and democracy and also contains four study units
• Students should attempt to answer the activities first on their own before referring to the feedback
• Students are required to read the study guide and make summaries to gain the required knowledge
• Part A of the module equips students with theoretical knowledge, skills, and competencies to analyse and evaluate situations pertaining to citizenship law in South Africa
• Ways of acquiring South African citizenship

  • Citizenship by birth
  • Citizenship by descent
  • Citizenship by naturalisation
• The South African Citizenship Act 88 of 1995 provides three different ways of acquiring South African citizenship

  
• The legislative history of South African citizenship law may be traced back to 1949

  
• The South African Citizenship Act 49 of 1949 instituted the status of South African citizenship

  
• Before the South African Citizenship Act of 1949, there were no South African citizens, only British subjects and Union nationals
• The South African Citizenship Act 49 of 1949 extended South African citizenship to citizens of Commonwealth countries

  
• This study focuses on the legislative history of citizenship rather than the historical context.
• The South African Citizenship Act 49 of 1949 was passed.


  1949

  
• Before the South African Citizenship Act of 1949, there were no South African citizens, only British subjects and Union nationals.

  
• South African Citizenship Act 49 of 1949


  Instituted the status of South African citizenship.

  
• The South African Citizenship Act 49 of 1949 extended South African citizenship to citizens of Commonwealth countries.

  
• The extension of South African citizenship to citizens of Commonwealth was abolished.


  1961

  
• The Citizenship Act 1949 did not entitle every South African citizen to the right to vote, as franchise was determined by race.
• The Black Homeland Citizenship Act of 1970 did not resolve the situation of denying black people the right to vote.
• Black Homeland Citizenship Act of 1970


  Granted additional status of citizenship based on connection to designated homelands.
• The citizenship in terms of the Bantu Homelands came to an end when the homelands were granted independence.
• The citizenship of the people belonging to independent homelands (TBVC) was restored.


  1986
• The Interim Constitution extended South African citizenship to all South Africans.


  1993

  
• The citizenship legislation of the previous homelands was repealed by the South African Citizenship Act 88 of 1995.

  
• The 1996 Constitution also stresses citizenship for all South Africans.

  
• The South African Constitution uses the term “citizenship” while other countries use “nationality,” but these terms have the same meaning in practice.

  
• The Citizenship Act 1995 provides for three methods by which citizenship may be acquired.
• Methods of acquiring citizenship

  • By birth
  • By descent
  • By naturalisation
• Citizenship by birth


  A person qualifies if they were a South African citizen by birth immediately prior to 01 January 2013.
• Citizenship by birth


  A person qualifies if born in or outside the Republic and one parent is a South African citizen.
• Citizenship by birth


  A person born in the Republic qualifies even if one parent is not a South African citizen under certain conditions.
• Children whose parents entered unlawfully will not qualify for citizenship by birth even if they reach the age of 18 years.
• Citizenship by descent


  Involves acquiring citizenship through ancestry.
• A person qualifies for citizenship by descent if they were a South African citizen by descent immediately prior to the date of commencement of the Citizenship Amendment Act 2010.