Draft Amendment Regulations on the South African Citizenship Act

Chris N.K sent a message to .

To
 
From
Chris N.K
Subject
Draft Amendment Regulations on the South African Citizenship Act
Date
Aug. 18, 2020, 1:37 p.m.
Dear Portfolio Committee on Home Affairs,

Revoke Jus soli law ( "right of soil"[) (https://en.wikipedia.org/wiki/Jus_soli) principles in SA Citizenship laws, principle and focus on jus sanguinis ("right of blood") (https://en.wikipedia.org/wiki/Jus_sanguinis), then whats the point of for fighting for land, or BBBEE, SA youth development… So why does birthright citizenship literally divide the world? One explanation is colonialism, said John Skrentny, a sociologist at the University of California, San Diego. As European countries colonized the South Americans, Africans etc, Skrentny said, many created lenient naturalization laws in order to grow and overpower native populations. "Getting people to move in was a good way to establish authority," he said. Maybe a reason the DA and others don’t say anything about it…

Some factors that Home Affairs must consider:

A. SA cant give birth right citizenship without the authority to revoke it… in cases of fraud, crimes, terrorism, national security, sovereign financial capability to host them etc

B. SA or Home affairs cant control the number of births by foreigners in the country, as it cant control its borders and Home affairs has issues in manging fraud, etc… therefore it needs to have X approvals per Y number of years e.g. 5 birth right citizenships approved from approved countries who have similar laws in their countries (using a principle of reciprocity https://en.wikipedia.org/wiki/Reciprocity_(international_relations)) per 10 years yet also meeting national security approval, not from terrorist prone states (e.g Nigeria, Somalia, Syria, etc) and treasury approval, even local citizen approval and other relevant department approvals.

C. In order to increase South Africa’s tools to combat gender based violence (human trafficking, marriage scams, marriage for convenience .etc) targeting vulnerable young South African female citizens, citizenship should only be transferred from a Male South African to a non-South Africa Female… this similar to African tradition of marriage (surname exchanges and taking of male surname etc) .. this is similar 60% of African countries (https://books.google.co.za/books?id=xKhONykaQKYC&pg=PA46&redir_esc=y#v=onepage&q&f=false) this is something home affairs must amend into law… and the regulation…

D. As terrorism is growing in Africa, this regulation can also be used a counter terrorism tool, just like Australia (https://www.legislation.gov.au/Details/C2015B00116/Explanatory%20Memorandum/Text#:~:text=The%20amendments%20in%20the%20Australian,by%20engaging%20in%20terrorism%2Drelated) , Canada Factors in (1) individuals obtaining citizenship by fraud or false representation; (2) all dual citizens, retroactively ; (3) individuals engaged in treasonous activities; (4) convicted terrorists or harboured terrorists; (5) and convicted traitors or individuals convicted of committing other serious national security offenses, as defined the countries national security policies on terrorism etc or national security (https://www.cba.org/CMSPages/GetFile.aspx?guid=97a417ea-9a17-446d-be2b-5a8ec6769aaf). UK Home office once said “It is not right that a person who has acquired British citizenship – and accepted the rights, responsibilities and privileges that derive from this – can act in a way that threatens the security of the UK and retain British nationality simply because they may be left stateless as a result of deprivation. We are changing this for a small sub-category of cases even if such action left them stateless” UK Counter terrorism laws and Citizenships (Counter-Terrorism and Security Act 2015 and the Immigration Act 2014.) The super powers like US and Russia and china place a lot measures to fight terrorism in their laws who want to gain entry into their countries via birth right citizenships methods, e.g. US execute order (US Proclamation on Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry - https://www.whitehouse.gov/presidential-actions/proclamation-improving-enhanced-vetting-capabilities-processes-detecting-attempted-entry/). Nigeria also huge Islamic countries with 53% of them Muslims and 70 plus agree with Sharia law, and have been hostile to South Africans business for a long time, continuous forced relationship is unnecessary with these groups…

E: This cant be set in motion to all borders are sealed and well managed. The right to soil means everyone must have right to the land of native inherence... and ANC resolution etc…

A few further facts to consider broadly:

1. Countries With Birth right Citizenship
Citizenship is currently offered to all children who are born in 30 countries (15% of all countries on earth) (except for children of diplomats) most of which are in the Western and Eastern Hemisphere. No country in Western Europe offers birthright citizenship without exceptions to all children born within their borders. In Africa only Chad, Lesotho, and Tanzania do it.. the rest don’t it… again only males are allowed to pass citizenships, this protects females from preying males etc.. (https://books.google.co.za/books?id=xKhONykaQKYC&pg=PA46&redir_esc=y#v=onepage&q&f=false)

2. Countries That Used to Have Birthright Citizenship but Don’t Anymore
Many countries, including France (https://www.service-public.fr/particuliers/vosdroits/F295 ), Ireland (http://news.bbc.co.uk/1/hi/world/europe/3801839.stm ) New Zealand (http://www.nzlii.org/nz/journals/VUWLawRw/2013/33.pdf), Domanican Republic (https://www.reuters.com/article/us-dominicanrepublic-citizenship/dominican-court-ruling-renders-hundreds-of-thousands-stateless-idUSBRE99B01Z20131012) and Australia (https://www.legislation.gov.au/Details/C2016C00726), have abandoned birthright citizenship in the past few decades. Ireland was the last country in the European Union to follow the practice, abolishing birthright citizenship in 2005.3 and many more planning to do so.

3. Countries That Factor the Circumstances of Birth Into Citizenship.
There is a trend in some countries toward restricting Jus soli by requiring that at least one of the child's parents be a citizen, national or legal permanent resident of the state in question at time of the child's birth.( https://muse.jhu.edu/article/249048) Modification of jus soli has been criticized as contributing to economic inequality, the perpetuation of unfree labour from a helot underclass. Italy, like the U.K. and Germany, also restricts citizenship by birth to those born to at least one Italian parent. (https://www.esteri.it/mae/en/servizi/stranieri/cittadinanza_0.html)...

4. Countries That Couldn’t Care Less Where You Were Born.
Plenty of countries (85% of all countries use Jus Sanguinis principles—China, Japan, Russia, South Korea—grant citizenship strictly on the basis of whether a baby has at least one parent who is a citizen of the country, as opposed to where the baby is born. But Gulf countries boast some of the most solid naturalization processes, like many African counties citizenship is only given via the male citizen, this protects females as well… and also minimises xenophobic tensions specially in places like Africa (https://en.wikipedia.org/wiki/Jus_sanguinis) . The most common application of jus sanguinis is a right of a child to his / her father’s nationality especially in Africa where it has proved to protect native females. Some countries extend this right on an equal basis to the mother. Some apply this right irrespective of the place of birth, while others may limit to those born in the state. Some countries provide that a child acquires the nationality of the mother if the father is unknown or stateless, and some irrespective of the place of birth. Some such children may acquire the nationality automatically while others may need to apply for a parent’s nationality.


Future replies will be published here.