CPD 1501

OCTOBER / NOVEMBER EXAM PAPER

DAWID DE WEE

STUDENT NUMBER:45225133
Question 1
1.1
1.1.1 A person is eligible to acquire South African citizenship by naturalization if
they were a South African citizen by naturalization immediately before 1
January 2013, the date the Citizen Amendment Act 2010 came into force.

1.1.2 In the case of an applicant with dual citizenship, he is entitled to a

naturalization certificate if he is a citizen of a country that allows dual
citizenship. If a person is from a country that does not allow dual citizenship,
he must renounce citizenship of that country and the minister must forgo the
required waiver test before considering an application for a certificate of
naturalization (Section 5 (1) of the Amendment on citizens law 2010)

1.1.3 In the case of children, an adult child whose parents are not citizens of
South Africa or who have not been granted permanent residence in the
Republic is eligible for citizenship by naturalization if (a) he or she, has been
so since the date of his or her birth until the date he or she became a major,
and
(b) his or her birth was registered in accordance with the provisions of the
Births and Deaths Registration Act 51 of 2002).

1.1.4 A person is eligible for citizenship by naturalization if they received a

certificate of naturalization as a South African citizen on or after January 1,
2013.

1.2 Under the Citizenship Act 1995, a period of residence or habitual residence
includes any period during which an applicant has been registered or
employed outside the Republic in the service of the Government of the
Republic or on a ship or aircraft or a public transport authorized and
operating from the Republic.
Any period during which an applicant resided with his wife outside the
Republic while his wife was so employed.
Any period of residence or habitual residence considered by the Minister in
his discretion, if such vessel, aircraft or public conveyance has not been
registered or registered in the Republic.
Given the above, we can then inform Sipho that he is not eligible for a
certificate of naturalization as the Citizenship Act 1995 does not qualify as a
period of residence or for the issue of a certificate of naturalization in the
following circumstances
a) the period during which a foreigner is or has been incarcerated in a
prison or other place of detention of the Republic after being sentenced is
not considered a period of residence or
b) any period during which a foreigner resides in the Republic, conditional,
temporary or contrary to any law in force in the Republic, is not considered
a period of stay, nor a period of stay.
1.3 The different ways to lose citizenship as a result of legal effects are
governed by Section 6 of the Citizenship Act 1995, as amended by Section
6 of the Citizenship Amendment Act 17 of 2010, regulates the different ways
to lose citizenship.

A person ceases to be a citizen of South Africa if, although not a minor, he

acquires citizenship or nationality of another country through a voluntary
and formal act other than marriage.

A person also cease to be a South African Citizen if he or she has

citizenship or nationality of another country and serves in the armed forces
of such country, while that country is at war with the Republic.

Any person who loses their citizenship may apply to the Minister to retain
their South African citizenship and the Minister may, if he or she thinks fit,
order such retention under section 6(2) of the South African Citizenship Act
1995 citizenship.

Question 2
2.1 There are three types of democracy, namely direct democracy,
representative democracy and participatory democracy.
Direct democracy is when all major political decisions are taken by the
people themselves. This form of democracy only works in very small
political communities where people can meet regularly to discuss and
decide on issues of common interest.

Representative democracy requires that all residents of the state (i.e. all of
a certain age, formerly 18 and who are not disqualified for any other reason)
have a say through direct representation in the way the state is run, usually
represented from being in the legislator. Representative democracy is
created through the electoral process. Therefore, elections should be held
at regular intervals and fairly frequently. Representative democracy is an
indirect democracy as power is based on the will of the people expressed
through their elected representatives.

Participatory democracy is a form of government. in which citizens

participate individually and directly in political decisions and policies that
affect their lives rather than through elected representatives. Participatory
democracy emphasizes the broad participation of people in politics. People
can influence political decisions, but they don't make them.
2.2 Public participation can be define as a processes by which Parliament
consults people (interested or involved people), groups, communities,
organizations and civil society and government agencies before making
decisions to allow them to participate in processes.
Public participation is important by making their voices heard and taken into
account. It encourages the citizens of the country to actively participate in
public affairs, to identify with government institutions and to familiarize
themselves with the laws as they are enacted.
It promotes a spirit of democratic and pluralistic rapprochement, oriented
towards the development of legislation likely to be widely accepted and
effective in practice.
It reinforces the legitamcy of legislation in the eyes of the people
It should be noted that citizen participation does not contradict
representative democracy, but rather has a supportive effect.
Public participation is vital as it is part of a democratic government that is
accountable, responsive and transparent as it allows the public to
participate in the legislative process.

Question 3
3.1 Permanent residence is governed by sections 25, 26 and 27 of the
Immigration Act 13 of 2002 as amended by the Immigration Amendment
Act, Act 19 of 2004 and the Immigration Amendment Act. immigration 13 of
2011.
A permanent residence permit allows a person to reside permanently in
South Africa while remaining a citizen of another country. The above
authorization can only be granted on the condition that the holder,
a) is not prohibited due to illness, pending conviction, previous deportation,
connection to terrorism, or possession of an ID or passport falsified.
b) is not undesirable (disabled, rehabilitated, bankrupt, fugitive from justice
or previous criminal convections)

Cases justifying the issuance of a permanent residence permit to a

foreigner can only be issued if the foreigner has held a work visa for five
years and has received a permanent job offer has been the spouse of a
citizen or permanent resident for five years and the General Manager
believes that there is a marital relationship in good faith, it is also recalled
that this authorization lapses if within two years from the date of issue, the
marital relationship in good faith it no longer exists.

If a child under the age of 21 belongs to a citizen or permanent resident,

you should note that this permit will expire if that foreign national does not
request confirmation within two years of turning 21. He or she is the child of
a citizen.
3.2 Yes, the deprivation is in accordance with the law, according to Rautenbach
and Malherbe, section 20 of the Constitution of the Republic of South Africa
prohibits the deprivation of South African citizenship. It is seen as a
limitation of the citizen's right to citizenship and as such must comply with
the general limitation clause in Article 36. This means that the deprivation of
citizenship must be reasonable and justified in an open and democratic
society based on human dignity, on equality and freedom. This is because
civil law allows for the deprivation of citizenship to a person who has dual
citizenship and has been sentenced in another country for a period of not
less than 12 months for a crime that is also considered a crime in South
Africa.

3.3 Visitors visa

Diplomatic visa
Study visa
Business visa
Crew visa

Question 4

4.1 No, Themba has no voting rights in South Africa. The reason for this is
stated in Article 19 of the Constitution of the Republic of South Africa.

4.2 Children born outside the Republic whose citizenship has been revoked
because their parents lost their South African citizenship by voluntarily
acquiring the citizenship of another country without applying for continued
South African citizenship, or as a result of deprivation, are considered to
have the citizenship or nationality they had before becoming South African
citizens.

4.3 The letter of withdrawal of refugee status to Mr. X does not comply with
refugee law. This is because the Refugee Act 1980 allows refugees to seek
employment. In other words, refugees have the right to seek
employment under refugee law. The authorities justify the withdrawal of
refugee status under the Refugees Act 1998 in the following areas:
(a) where a refugee has been recognized as a refugee on the basis of
fraud, falsification or false or misleading information.
(b) if he is recognized as a refugee by reason of an error, omission or
oversight committed in good faith by the refugee-holder, or . c) if you no
longer qualify for refugee status under section 5 of the Refugee Act 1998.

In short, Mr. X's refugee status must be restored.

Question 5
5.1
i) all spheres of government and all territories within the spheres must
respect the national unity of the republic,
(ii) ensure the well-being of the populations,
iii) provide effective, transparent, accountable and cohesive government for
the Republic,
iv) be loyal to the Constitution and the Republic,
(v) Respect the powers of government in other matters and not assume any
powers or duties other than those delegated to it,

5.2 The role of public protectors is to investigate, report and take action against
any conduct in the affairs of state or public administration in any branch of
government that is alleged or suspected to be inappropriate or to violate
the inadequacy or prejudice of Article 182 of the Constitution respectively.
The official must be accessible to all individuals and communities, and
cannot act on court decisions. The official should also remedy the situation.

5.3 In a parliamentary system, the executive is accountable to the elected

legislator. The legislator / parliament has the power to issue, modify and
repeal legal regulations. Parliament plays a direct and active role in national
affairs. It is the place where Members of Parliament represent your
interests. Parliamentarians have many responsibilities, to pass laws that
improve people's lives, to discuss and debate government policies and
other political consultations with you, the people, and to represent your
views in parliament. Helping people in their constituencies / approving
government departmental budgets submitted to parliament by the finance
minister, ensuring government promised work is done, and ensuring public
money is spent wisely.

Executive/Presidential System: The President is the head of state and the

national executive. He exercises executive power together with the other
members of the Cabinet, namely the Vice President and the ministers.
The executive develops policy, for example by preparing and initiating
legislation, which it submits to parliament for approval. He then implements
these policies by directing the administration of the country through the
various government departments. The executive is accountable to
parliament for its actions and policies.