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Thread: SA Citizenship Vs Foreign National - New Job Application

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    Question SA Citizenship Vs Foreign National - New Job Application

    I have applied for a position with company X and their HR department has asked me to provide proof that I acquired my SA Citizenship prior to April 1994. Although I am a white male, this position is not an AA position as confirmed by the company. Having been born in Zimbabwe and moved to SA in 1985, I have my Permanent Residence certificate stamped in 1985. I was only 14 yrs old in Apr 1994 thus I don't know whether according to law I was entitled to apply for citizenship as a minor?My first ID book shows SA Citizenship and I recieved that book in 1996 (16 yrs old).

    Importantly though, if I already held Permanent Residence in 1985, lived in the country ever since, completely all primary, secondary and tertiary education in SA, contributed for over 14 years to SARS as a legal South African taxpayer, voted in National elections since 1998, surely that would exclude me from being viewed as a Foreign National right? The Employment Services Bill classifies both SA Citizens and Permanent Residents being legally able to work in South Africa, thus NOT a Foreign National. Thus logically speaking, does that then not also lead to say that a Permanent Resident in 1985 would be viewed in a similar light to an SA Citizen in 1985 - both not viewed as Foreign Nationals?
    Please if you can shed some light on this situation as you understand it, as it may be the difference between being eligible for this position or not.

    Thank you,

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    Gold Member Houses4Rent's Avatar
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    You are a citizen now as I see it. Why is it important to that company when you became a citizen? Once you understand it might be easier to answer.
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    Having a valid ID and Passport automatically states that you are a RSA citizen

    You can approach the Department of Home Affairs and request a certificate.
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    Platinum Member sterne.law@gmail.com's Avatar
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    In 1985 the then Aliens control act bestowed citizenship almost automatically.
    A person had to apply though.
    I have a case at this time. We are arguing that he became a citizen by operation of law and the application was merely a formality to declare it do.
    This may be why your book says citizen. I would adopt that stance of yes, I am a citizen.
    On a similar but separate stance, the requirement to be a citizen is discriminatory. The company would need to justify the discrimination.
    E.g., the security act says only citizens and PR can be registered as security guards. The clause withstood a constitutional challenge. Sachs finding it to be discriminatory but the discrimination was rescued by a provision to allow for exemption. The 2 lady judges found it to be discriminatory.
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    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Bronze Member msmoorad's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    In 1985 the then Aliens control act bestowed citizenship almost automatically.
    A person had to apply though.
    I have a case at this time. We are arguing that he became a citizen by operation of law and the application was merely a formality to declare it do.
    This may be why your book says citizen. I would adopt that stance of yes, I am a citizen.
    On a similar but separate stance, the requirement to be a citizen is discriminatory. The company would need to justify the discrimination.
    E.g., the security act says only citizens and PR can be registered as security guards. The clause withstood a constitutional challenge. Sachs finding it to be discriminatory but the discrimination was rescued by a provision to allow for exemption. The 2 lady judges found it to be discriminatory.
    interesting

    cos many security guards are illegal aliens who work night shifts
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    Platinum Member sterne.law@gmail.com's Avatar
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    Firstly we no longer refer to aliens.
    You may be referring to car guards - they are exempted from the Security Regulatory Board. You are more likely to find night club security of being guilty of NOT being registered.
    You may also be jumping to a conclusion that the people are illegal, in all probability they are either refugees or asylum seekers which means they are legally present in the country.
    Anthony Sterne

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    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Gold Member Houses4Rent's Avatar
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    I agree, lots of security (not informal car) guards are foreigners, but I doubt that (m)any are illegally here.
    Houses4Rent
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    Platinum Member sterne.law@gmail.com's Avatar
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    Some are illegal, having had their applications rejected (erroneously)
    Many are highly qualified. I have a drc guy who was in 6th year medicine, chemical engineers, masters students, engineers, doctors, etc, but car guarding despite having skills that our country seriously requires
    Anthony Sterne

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    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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