Study Notes for CPD1501: Citizenship, Public Participation and Democracy

Citizenship, Public Participation and Democracy: Study Notes

PREFACE

  • Introduction: The module titled "Citizenship, Public Participation and Democracy" aims to enhance understanding of the law in a post-democratic South Africa.

  • Investing time in this module is expected to improve personal circumstances and create better opportunities in various fields including the paralegal sector.

  • This study guide serves as a comprehensive tool for mastering key concepts related to citizenship and democracy.

PART A: Citizenship Law

GLOSSARY OF KEY TERMS

  • Act: Legislation, e.g., Citizenship Act 88 of 1995.

  • Citizenship: Legal relationship between a person and a state.

  • Constitution: System of fundamental principles governing a nation.

  • Naturalisation: Granting a foreigner the rights and privileges of a citizen.

  • TBVC states: Former independent homelands that existed during apartheid (Transkei, Bophuthatswana, Venda, Ciskei).

STUDY UNIT 1: Legislative History of South African Citizenship Law
1.1 Introduction

  • Examines the legislative history from 1949 to present, focusing on the evolution of citizenship law in South Africa and its implications.

1.2 Legislative History

  • The South African Citizenship Act 49 of 1949 established the concept of South African citizenship.

  • Citizenship rights were initially limited and based on race, with certain groups, including Black South Africans, excluded from the vote.

  • Post-1994 democratic changes enacted a more inclusive citizenship framework, repealing previous discriminatory laws.

1.3 Methods of Acquiring Citizenship

  • Citizenship by Birth: Includes natural born citizens and children of citizens born abroad.

  • Citizenship by Descent: Children of South African citizens, including those legally adopted.

  • Citizenship by Naturalisation: Foreigners who fulfill certain criteria, including residency and good character, can obtain citizenship.

STUDY UNIT 2: Loss, Consequences of Loss and Resumption of South African Citizenship
2.1 Introduction

  • Discusses the various methods through which South African citizenship can be lost, including automatic statutory operations and renunciation.

2.2 Methods of Losing Citizenship

  • Automatic Statutory Operation: Occurs when an individual voluntarily acquires another nationality.

  • Renunciation: Citizens can voluntarily give up their citizenship.

  • Deprivation: Involves loss of citizenship under specific legal grounds, e.g. criminal activity.

STUDY UNIT 3: Citizens’ Rights, Privileges and Benefits
3.1 Introduction

  • Examines various legal rights afforded to South African citizens, including political and social rights.

3.2 Rights, Privileges and Benefits

  • Political rights, right to a passport, right to enter and reside anywhere in South Africa, children's rights to a nationality, and the right to diplomatic protection.

STUDY UNIT 4: Immigrants, Migrants and Refugees
4.1 Introduction

  • Covers laws and processes related to the rights and status of immigrants and refugees in South Africa.

4.2 Immigration Laws

  • Discusses the criteria for admission into South Africa and the different types of visas granted.

  • Specifics on refugees including conditions for refugee status and corresponding rights.

PART B: Democracy and Public Participation

STUDY UNIT 5: Introduction to Democracy and Public Participation
5.1 Introduction

  • Defines democracy as governance by the people and emphasizes public participation as essential in a democracy.

5.2 Types of Democracy

  • Direct Democracy: Citizens directly participate in all decisions.

  • Representative Democracy: Citizens elect representatives to make decisions on their behalf.

  • Participatory Democracy: Citizens have substantial involvement in political processes.

STUDY UNIT 6: Government in a South African Democracy
6.1 State Authority

  • Description of the three spheres of government: National, Provincial, and Local.

6.3 Three Branches of Government

  • Legislative: Responsible for making laws; incorporates national and provincial legislatures.

  • Executive: Executes and enforces laws, comprising the President and cabinet members.

  • Judiciary: Interprets laws; remains independent and acts as a check on the executive.

STUDY UNIT 7: Public Participation in National Government
7.1 Public Participation in Law-Making

  • Importance of public engagement in the legislative process; mechanisms for participation include submissions and public hearings.

STUDY UNIT 8: Public Participation in Provincial and Local Governments
8.1 Public Participation

  • Discusses how citizens can participate in provincial and local government processes involving by-laws and local governance structures.

References

  • Legislation: Citizenship Act 88 of 1995, Promotion of Administrative Justice Act 2000, etc.

  • Court Cases: Doctors for Life International v Speaker of the National Assembly, Umehluko v Minister of Home Affairs.

  • Key concepts from the South African Constitution 1996.