התאזרחות - בן זוג של אזרח SA (ס5(5))

The Minister may naturalise the spouse or surviving spouse of a South African citizen who has been admitted for permanent residence and who has been ordinarily resident in the Republic, and married to that citizen, for the period prescribed by the Citizenship Regulations (s5(5) of the Citizenship Act 88 of 1995). This spouse track displaces the ordinary five-year residence requirement of s5(1) with the shorter period set by regulation; marriage alone confers no citizenship (s14).

• Declaration of allegiance (s5(6)): a certificate of naturalisation shall not be issued to any person over 18 before that person has made the declaration of allegiance in Schedule 1 (loyalty to the Republic; to uphold and respect the Constitution). The declaration is a procedural precondition to issue. - Re-application bar (s5(8)): if the Minister refuses a naturalisation application, the Minister is not obliged to reconsider it and shall not consider a further application by or for that person until at least one year after the person was advised of the decision — provided the Minister shall at any time reconsider if new information is received that may influence the original decision. - Reviewability of naturalisation decisions (s25): any provincial or local division of the High Court of South Africa has jurisdiction to review any decision of the Minister under the Act, and may consider the merits and confirm, vary or set aside the decision. This subjects the discretionary naturalisation grants/refusals (incl. s5(9) exceptional-circumstances) to full merits review — reinforced by constitutional supremacy (Constitution s2) and just-administrative-action.

Primary statute: SA Citizenship Act 88 of 1995 s5(5). Operative 1995-10-06–present. Authority: Department of Home Affairs (DHA).