Africa-Press – Namibia. SOUTH Africa’s social security agency says pensioners with Namibian and South African citizenship, who obtained dual citizenship after 1995, must relinquish one to qualify for the South African pension.
This is in line with Section 6(2) of the South African Citizenship Act 88 of 1995, which says dual citizenship is only allowed unless it was granted prior to the acquisition of foreign citizenship.
Last week, The Namibian reported that Namibian pensioners receiving pension from both countries were to choose between Namibia’s N$1 350 or South Africa’s R1 890 pension.
On Wednesday, South African Social Security Agency (Sassa) spokesperson Paseka Letsatsi told The Namibian that this was a result of a legal opinion that was obtained to confirm that a South African citizen cannot have dual citizenship.
“If the social grant beneficiaries in question are indeed Namibian citizens, and have not complied with Section 6(2) of the South African Citizenship Act, they have automatically forfeited their South African citizenship.
“Accordingly, they will no longer be eligible for social assistance from South Africa, as this is limited to South African citizens, permanent residents and refugees, in terms of the Social Assistance Act 2004,” said Letsatsi.
He added that Namibian pensioners, who obtained dual citizenship after 1995, cannot choose which payout they are entitled to as this would be determined by the application of the law.
“The legal opinion is very clear in so far as automatic forfeiture of South African citizenship if permission was not obtained from the South African government prior to taking on foreign citizenship,” said Letsatsi.
The Sassa spokesperson added that where the financial circumstances of applicants who have obtained the necessary permission for dual citizenship have changed, the appropriate means, as set out in the Social Assistance Act, 2004, would be applied.
Namibians, especially those living at Walvis Bay, received Sassa pensions as a result of the bilateral agreement between Namibia and South Africa signed on 19 April 1994 (the agreement) in respect of health and welfare services.
Upon formally transferring the sovereignty of Walvis Bay and the of-shore islands to Namibia on 1 March 1994, Article 5 (a) of the agreement indicated that payment by the government of South Africa to any South African citizen at Walvis Bay of an old-age pension, a war veterans’ pension, a pension for the blind or a disability grant shall be continued for a lifetime.
These citizens and any person qualifying for any such pension or grant on or after the date of transfer (1 March 1994) may apply, therefore, to the South African mission to be established at Walvis Bay.
However, upon the reintegration, a person receiving a pension for the blind or a disability grant, the grant of such payment shall cease. Letsatsi further explained that Sassa is legally obligated to give effect to the requirements of the Social Assistance Act.
He said they are required to ensure that a fair process is followed in dealing with this matter. According to Letsatsi, Sassa has initiated a review process of all beneficiaries at Walvis Bay who are receiving an older persons or disability grant from the South African government.
“Unfortunately, this project, which was scheduled for March 2020, has been severely impacted by the advent of Covid-19 and the implementation of travel restrictions. The dates for the review project are thus still being finalised,” he said.
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