EFF statement on Gigaba's acceptance of Gupta's application for naturalisation in South Africa
12 June 2017
The EFF has received reliable information that whilst he was minister of Home Affairs, Malusi Gigaba unduly granted the Gupta family South African citizenship. In a letter dated 2015-01-22 the Mr. GG Hlatshwayo on behalf of the Director General correctly denied the Gupta's South African citizenship stating that they "did not comply with the requirement in terms of section 5(1)(b) of the South African Act 2010." He proceeds to indicate that the Gupta's "did not have 5 years of physical residence in the Republic of South Africa".
The application for naturalisation was therefore unsuccessful and the Guptas were advised to make another attempt on 23 December 2015 "provided [they] do not exceed 90 days outside South Africa for every year in the 5 years preceding [their] new application and comply with requirements as prescribed in Citizenship Act, Act 17 of 2010 as amended".
In less than a few months Malusi Gigaba, in a letter dated 2015-05-30, then wrote to the Guptas granting them what he terms "early naturalisation". Gigaba states that "after careful consideration of the matter, I have decided by the powers vested in me under section 5(9)(a) of the South African Citizenship Amendment Act, 2010 (Act no 17 of 2010), to wave the residential requirements in regards to your application for naturalisation and grant you early naturalisation".
Here the Act states that "the Minister may under exceptional circumstances grant a certificate of naturalisation as South African citizen to an applicant who does not comply with the requirements of [the said] subsection (Ills! relating to residence or ordinary residence in the Republic".