Length of time it takes to become naturalised must be resolved, says public protector

Source: SOWETAN, 02/03/2018

The public protector has ordered the home affairs minister to review
the 10-year period to apply for naturalisation, and ensure it aligns
with the five-year period in the Citizenship Act.
Public Protector Busisiwe Mkhwebane received communication from 18
individuals who complained about the time it took for the Department
of Home Affairs to finalise their applications for naturalisation.
She received the complaints between 2014 and 2017.
Some complained about the department’s decision to reject their
applications for naturalisation on the basis that their applications
were made before 10 years had passed since obtaining a permanent
resident permit.
Others complained of the long period it took before their
applications were adjudicated.
One of the complainants stated that he received his permanent
resident permit in January 2008. He lodged his application for
naturalisation in January 2013. The department informed him that his
application was premature.
The eight complainants submitted their applications for
naturalisation‚ and the response from the department took between 13
months and 48 months to advise them of the outcome of their
applications.
Ten other complainants had waited for between 13 months and 48 months
and they had not received the response from the department at the
time of lodging their complaints.
In her findings, Mkhwebane said section 5 of the Citizenship Act
provided that a person may be naturalised five years after being a
resident in SA.
This was in contrast with regulation 3(2) of the act‚ which provides
that the period referred to in the act for naturalisation is 10 years.
`The regulations … ascribe a period of ordinary residence as 10
years, contrary to the five-year period specified in the act‚`
Mkhwebane said in her report.
She said 10 of the complainants had the permanent residence permits
and had met the minimum requirement of five years immediately
preceding the date of their applications.
`Despite meeting these requirements‚ the [department] disqualified
them on the basis that their applications for naturalisation were
premature‚` the public protector said in her report.
She said the department‚ in adjudicating the applications‚ improperly
applied section 5(1)(c) of the Citizenship Act and said the 10-year
period prescribed in the regulations was inconsistent with the
provisions of the Act.
She said the review must be done within three months. She also said
the director-general of the department must issue letters of apology
to the complainants within 30 days of issuing of the report.
The department was also ordered to review the naturalisation
applications submitted by the complainants.
Mkhwebane said the director-general must‚ within six months of the
report‚ publish standard operating procedures with turnaround times
on how long it should take to adjudicate applications for
naturalisation.