Naturalização - ordinária (s5: 5 anos de residência ordinária contínua)

A permanent resident may apply for naturalisation under s5 of the Citizenship Act 88 of 1995 after a continuous period of not less than five years' ordinary residence in the Republic immediately preceding the application, together with good character, the ability to communicate in an official language, adequate knowledge of the responsibilities and privileges of citizenship, and an intention to continue residing in the Republic. An applicant over 18 must also make the Schedule 1 declaration of allegiance before a certificate is issued.

• 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. - Investigative powers (s5(7)): the Minister may make such enquiries as he or she deems fit in respect of a naturalisation applicant and may require the applicant to appear personally before the Minister or a designated person. This is the evidentiary-vetting mechanism underpinning the s5(1)(d) good-character and s5(1)(g) knowledge requirements. - 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. - Ordinary-naturalisation Regulation-11 fee + forms (GN R.1122, GG 36054): the fee for issuing a certificate of naturalisation under s5 is R300-00 (reg 11(a)); the s5(1) application is on form DHA-63 / Annexure 1 (reg 3(1)) and the certificate is DHA-64E / Annexure 2 (reg 3(5)). CROSS-CUTTING TENSION on the s5(1)(c) period: the STATUTE sets a floor of 'not less than five years' (s5(1)(c)) but reg 3(2)(a) PRESCRIBES the period as '10 years immediately preceding the date of application', while reg 3(2)(b)-(c) and the DHA-63 form text apply the 90-day-absence continuity test over 'the five-year period of ordinary residence'. Reading them together: statutory minimum 5 years (s5(1)(c) floor) is administratively fixed at 10 years by reg 3(2)(a), with the absence/continuity test biting on the final 5 years — the same 10-year-period / 5-year-absence-window structure as the spouse route.

Primary statute: SA Citizenship Act 88 of 1995 s5(1). Operative 1995-10-06–present. Authority: Department of Home Affairs (DHA).