NGCOBO J
need only have resided continuously in the Republic for a period of five years
in order to qualify for citizenship by naturalisation.
[116] It is also true that the five year waiting period could prove harmful to
permanent residents who are unable to provide for themselves, just as it might
prove harmful to a South African citizen who has to wait for five years to reach
the qualifying age for a social grant. But recognising this possibility, the law
also includes a provision for such individuals to obtain benefits during this
interim period. Under section 5(9)(a) of the South African Citizenship Act, the
Minister
“may under exceptional circumstances grant a certificate of naturalisation as
a South African citizen to an applicant who does not comply with the
requirements of the said subsection (1) relating to residence or ordinary
residence in the Republic.”
[117] It is therefore plain from these provisions that a permanent resident can
get social benefits after five years, but that the state can waive the residential
waiting period for permanent residents in exceptional cases. From this, it must
follow that permanent residents need not always wait for five years to become
citizens and thus become eligible for social security.
(d)
(e)
(f)
(g)
he or she is of good character; and
he or she intends to continue to reside in the Republic or to enter or continue
in the service of the Government of the Republic or of an international
organisation of which the Government of the Republic is a member or of a
person or association of persons resident or established in the Republic; and
he or she is able to communicate in any one of the official languages of the
Republic to the satisfaction of the Minister; and
he or she has an adequate knowledge of the responsibilities and privileges of
South African citizenship.”
73
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