Home Affairs must review naturalisation regulations: Public Protector

Source: Sowetan Live, 01/03/2018

Home Affairs must review naturalisation regulations says Public
Protector.
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.
The Public Protector received communication from 18 individuals who
complained about the time it took for the department to finalise their
applications for naturalisation. She received the complaints between
2014 and 2017.
Some complained about the department of home affairs’ decision to
reject their applications for naturalisation on the basis that their
applications were made before the expiry of 10 years after 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.

The Public Protector‚ in her findings‚ said Section 5 of the
Citizenship Act provided that a person may be naturalised five years
after being resident in South Africa.
This was in contrast with Regulation 3(2) of the Act‚ which provides
that the period referred to the Act for naturalisation is 10 years.
“The Regulations … ascribe a period of ordinary residence as 10 years
contrary to the 5 year period specified in the Act‚” the Public
Protector said in her report.
She said ten 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.
In her remedial action‚ the public protector said the minister must
initiate a review of the regulations‚ specifically the 10-year period
to apply for naturalisation‚ as this was inconsistent with the
Citizenship Act. She said this 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 after the
issuing of the report.
She said the department must also review the naturalisation
applications submitted by the complainants.
She 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 upon applications for naturalisation.