1. H BRIEFING TO PORTFOLIO COMMITTEE ON HOME AFFAIRS IMPLEMENTATION OF THE SOUTH AFRICAN CITIZENSHIP AMENDMENT ACT, 2010 AND THE BIRTHS AND DEATHS REGISTRATION AMENDMENT ACT, 2010 AND THE REGULATIONS MADE UNDER THE ACTS 23 OCTOBER 2012

2. 2 Table of contents Purpose of Presentation The South African Citizenship Amendment Act, 2010 (Act No. 17 of 2010) The Births and Deaths Amendment Act, 2010 (Act No. 18 of 2010)

3. 3 To provide updates relating to the implementation of the South African Citizenship Amendment Act, 2010 and the Births and Deaths Registration Amendment Act, 2010 and the Regulations made under these Act. PURPOSE OF THE PRESENTATION

4. 4 The South African Citizenship Amendment Act, 2010 (Act No. 17 of 2010) … The South African Citizenship Amendment Act, 2010 (Act No. 17 of 2010) was assented to and signed by the Hon President on 3 Dec 2010 and published in Gazette on 7 Dec 2010. Subsequent to the enactment of the SA Citizenship Amendment Act, the Department drafted the Draft Regulations. The Draft Regulations were published in Government Gazette on 16 May 2012 for public comments (upto 31 May 2012). All comments received were considered and accordingly incorporated into the Final Draft Regulations. During August 2012, a legal opinion on the Draft Regulation was requested and obtained from the Office of the Chief State Law Adviser: Department of Justice and Constitutional Development (“OCSLA”). The OCSLA suggested certain amendments which have been considered and effected.

5. 5 The South African Citizenship Amendment Act, 2010 (Act No. 17 of 2010) The Final Draft Regulations were presented to then Minister and Deputy Minister who suggested certain amendments which have been considered and effected. The Regulations approved by the then Minister during September 2012. The Proclamation and the relevant documents to proclaim the SA Citizenship Amendment Act were prepared and forwarded to the Hon President for approval and the same was obtained on 17 October 2012. The commencement date for the South African Citizenship Amendment Act and the Regulations is set for 1 January 2013. The Department is in the process of publishing the Proclamation and the Regulations in the Gazette. Training on the Regulations for officials has commenced on 18 October 2012 in Gauteng and it is envisaged to be finalised by 1 December 2012.

6. 6 The Births and Deaths Amendment Act, 2010 (Act No. 18 of 2010)… The Births and Deaths Registration Amendment Act, 2010 (“the B & D Registration Amendment Act”) was assented to by the Hon President on 3 December 2010. Subsequent to the enactment of the Births and Deaths Registration Amendment Act, the Department drafted the Draft Regulations. The Regulations were forwarded to the OCSLA for scrutiny and the suggested amendments by the OCSLA were considered and effected into the Draft Regulations. The Regulations were presented to the then Minister on 21 March 2012 and subsequently published in the Gazette for public comments on the 15 May 2012. All comments received were considered and accordingly incorporated into the Final Draft Regulations.

7. 7 The Final Draft Regulations were presented to then Minister and Deputy Minister who suggested certain amendments which have been considered and effected. As the then Minister had not yet approved the Draft Regulations, Minister Pandor will shortly be briefed about the Births and Deaths Registration Amendment Act and the Draft Regulations and be requested to approve the Draft Regulations. It is envisaged that the Births and Deaths Registration Amendment Act and the Regulations will be implemented on the 1 January 2013. Training on the Draft Regulations has commenced on 18 October 2012 in Gauteng and it is envisaged to be finalised by 1 December 2012. The Training on the Registration of Births and Deaths covers officials of the Department, Stakeholders, including, Councillors, Religious and Traditional leaders, etc. The Births and Deaths Amendment Act, 2010 (Act No. 18 of 2010)

8. 8 THANK YOU