South Africa's corporate landscape is set to transform as two Companies Amendment Acts become operational.
The Department of Trade, Industry and Competition (the dtic) has welcomed the proclamation of the two Companies Amendment Acts of 2024 by President Cyril Ramaphosa, according to a statement from the dtic.
The department said that two Acts which were assented into law by Ramaphosa on July 26, 2024 and were published in the government Gazette on December 27, 2024, have become operational.

"Some sections of the Companies Amendment Act 16 of 2024 and the entire Companies Second Act 17 of 2024 came into operation on December 27, 2024. This is a significant milestone in corporate law South Africa," the dtic said.
"The Companies Amendment Act focuses on the ease of doing business by clarifying, simplifying and strengthening certain sections of the Act. Sections that include 16, 25, 40, 48, 61, 90, 95, 135 and 204 amongst others are now effective and can be implemented by companies in South Africa."

However, not all sections of the Amendment Act are operational. The sections that require regulations will only commence after the regulations have been finalised.

Other sections that will only come into operation on dates that will be determined in 2025, include: - requirements on the duty to prepare and present a remuneration report and remuneration policy
- the related requirements to disclose pay gap ratios, for transparency and addressing inequality of pays between top executives (directors) and low earning workers in state owned companies and public companies
According to the dtic, the Companies Second Amendment Act is operational in its entirety.
"The Act addresses the recommendations from the Zondo Commission into State Capture to extend the time bar of when an application can be brought to court to make an order to declare a Director delinquent or under probation, in terms of section 162 of the Act," the dtic said.

"The time bar was extended from 24 months (two years) to 60 months (five years). The application of the law is retrospective including for acts that took place before this Act or the extension of the time bar."
Plus, the court also has the power to extend the time bar to hold directors liable for costs, losses or damages incurred for acts that breach fiduciary duties. The court can extend the time bar of such damages or losses on good cause shown beyond three years.
Overall, the court can extend the time bar beyond five years on good cause shown should circumstances require, according to the dtic.

Top 10 African countries with the best infrastructure and most innovation
•    Business Insider Africa presents the top 10 African countries with the best infrastructure and most innovation.
•    This list is courtesy of a report by the Mo Ibrahim Foundation.
There is a clear correlation between a nation's capacity to promote economic growth and its high SDG 9 rating.
Cape Verde
For example, governments that invest in digital infrastructure could bypass traditional growth stages, allowing for universal access to e-commerce, fintech, and e-governance.
Outside of Kenya, other African countries boast a highly innovative economic ecosystem and well as robust infrastructure, and below are 10 of the very top, according to the Financing Africa report, by the Mo Ibrahim Foundation.
Rank    Country    SDG 9 ratings
1.     South Africa     70.8
2.     Egypt     57.9
3.     Tunisia     55.9
4.     Morocco     55.1
5.     Algeria     53.9
6.     Botswana     53.5
7.     Mauritius     51.8
8.     Ghana     46.8
9.     Cabo Verde     41.0
10.     Eswatini     40.9

1. Legal Framework Governing Citizenship
Citizenship in South Africa is primarily governed by the following laws:
1.    The South African Constitution (1996) – Establishes fundamental rights, including the right to citizenship.
2.    The South African Citizenship Act, 1995 (Act No. 88 of 1995) – Provides legal pathways for obtaining citizenship.
3.    The Births and Deaths Registration Act, 1992 (Act No. 51 of 1992) – Governs the registration of births and the issuance of birth certificates.
4.    Regulations on the Registration of Births and Deaths – Provides administrative processes for birth registration.
5.    Immigration Act, 2002 (Act No. 13 of 2002) – Regulates immigration and documentation requirements for foreign parents.

2. Citizenship by Birth
A. Children Born to South African Citizens
Under Section 2(1)(a) of the Citizenship Act, a child is automatically a South African citizen by birth if:
•    The child is born in South Africa; and
•    One or both parents are South African citizens at the time of the child’s birth.
B. Children Born to Permanent Residents
According to Section 2(1)(b) of the Citizenship Act, a child born in South Africa to parents who are lawfully admitted for permanent residence is entitled to citizenship by birth, provided the birth is registered.
C. Children Born to Foreign Nationals
Children born to foreign nationals who do not have permanent residence are not automatically South African citizens.
•    They must be registered under their parents’ nationality with the assistance of their home country’s consulate or embassy.
•    Such children may qualify for citizenship later through naturalization if certain conditions are met (discussed below).

3. Citizenship for Stateless Children
A child born in South Africa may be granted citizenship by birth under Section 2(2) of the Citizenship Act if:
•    The child does not have citizenship or nationality in any other country; and
•    The child’s birth is registered in South Africa according to the Births and Deaths Registration Act.
Important Note:
Despite the law, the lack of regulations to enforce Section 2(2) has caused implementation gaps, leading to cases like Tebogo Khoza’s (discussed earlier), where stateless children face difficulties obtaining citizenship.

4. Citizenship by Descent
According to Section 3 of the Citizenship Act, a child born outside South Africa can acquire citizenship by descent if:
•    One or both parents are South African citizens.
•    The child’s birth is registered at a South African consulate or embassy abroad.
5. Citizenship by Naturalization
Children who are not South African citizens by birth or descent may apply for citizenship by naturalization under Section 4(3) of the Citizenship Act, provided:
1.    The child was born in South Africa;
2.    The child has lived in South Africa from birth until turning 18 years old; and
3.    The child’s birth is registered in accordance with the Births and Deaths Registration Act.
The application for naturalization requires:
•    A completed BI-63 Form;
•    Proof of continuous residence;
•    A police clearance certificate; and
•    Payment of an application fee.

6. Birth Registration Process
A. Immediate Birth Registration
Under the Births and Deaths Registration Act, all births must be registered within 30 days of occurrence.
Documents Required:
•    Notice of Birth Form (DHA-24)
•    Identity documents or passports of parents
•    Marriage certificate (if applicable)
•    Affidavit in the absence of the required documents
B. Late Birth Registration
If birth is registered after 30 days but before 1 year, additional documentation may be required, including:
•    An affidavit explaining the delay
•    Supporting letters from witnesses confirming the child’s birth
For births registered after 1 year, the process becomes even more stringent, often requiring:
•    Proof of birth
•    Witness statements
•    DNA tests (in some cases)

7. Statelessness and Legal Gaps
Statelessness remains a significant problem in South Africa due to:
1.    Undocumented Migrants – Many parents lack legal status, preventing proper birth registration.
2.    Delayed Birth Registration – Children without birth certificates cannot prove their place of birth or parentage.
3.    Lack of Regulations for Section 2(2) – Implementation gaps mean children entitled to citizenship by birth (stateless cases) are often denied recognition.
Legal Developments:
•    Court cases, like Tebogo Khoza’s, have compelled the Department of Home Affairs to address administrative failings and implement reforms.
•    Despite repeated court orders, regulations for Section 2(2) have yet to be promulgated, leaving many stateless individuals in legal limbo.

8. Dual Citizenship
South Africa permits dual citizenship, but children who acquire another nationality must:
•    Retain their South African citizenship unless they voluntarily renounce it.
•    Register their foreign nationality with Home Affairs.

9. Challenges in Citizenship Applications
Despite the legal framework, children face several challenges:
1.    Documentation Issues – Lack of parental documents or proof of birth hinders registration.
2.    Bureaucratic Delays – Lengthy processing times at Home Affairs create barriers.
3.    Statelessness Cases – Absence of clear regulations for stateless applicants causes prolonged legal battles.
4.    Discriminatory Practices – Refugee and migrant children often face stricter scrutiny, even when eligible.

10. Recent Reforms and Legal Precedents
Key Court Cases:
•    2014 High Court Decision – Ordered regulations for Section 2(2), which remain unimplemented.
•    Khoza v Minister of Home Affairs (2023) – Reinforced the Department’s duty to register births and address statelessness.
Proposed Amendments:
•    Introduction of regulations for stateless children under Section 2(2).
•    Simplified late registration processes to reduce administrative delays.
•    Clearer naturalization pathways for long-term residents and stateless children.

11. Recommendations for Parents
1.    Register Births Immediately – Ensure compliance with the 30-day deadline to avoid complications.
2.    Keep Copies of All Documents – Maintain certified copies of birth records, parental ID, and affidavits.
3.    Seek Legal Assistance Early – For complex cases, consult attorneys specializing in immigration or human rights law.
4.    Monitor Law Updates – Stay informed about legislative changes or court rulings affecting citizenship.

12. Conclusion
While South Africa’s citizenship laws provide avenues for children to obtain nationality, administrative challenges and gaps in enforcement continue to leave many children stateless. Recent court cases and advocacy efforts highlight the need for reform, particularly regarding stateless children and late birth registrations.
Efforts to simplify registration, clarify legal pathways, and address bureaucratic hurdles are essential to ensuring that all children in South Africa can access their constitutional right to citizenship.

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Yes, it is possible for a foreign spouse or life-partner of a South African business visa holder to work for the business. However, this depends on the type of visa the spouse or partner holds and whether they meet the legal requirements under South African immigration law. Below is a comprehensive explanation of the rules, eligibility, and processes involved:

1. Understanding South African Business Visas

A South African business visa is granted to foreign nationals who:

• Establish or invest in a business in South Africa.

• Commit a minimum investment of R5 million (though waivers may be granted in special cases).

• Employ at least 60% South African citizens or permanent residents.

Holders of a business visa are permitted to operate and manage the business for which the visa was granted.

2. Visa Options for Spouses and Life-Partners

(a) Accompanying Spouse or Life-Partner Visa (No Work Rights)

• Foreign spouses or life-partners of business visa holders can apply for a relatives visa or life-partner visa to accompany the visa holder.

• However, this does not automatically grant work rights.

• To work legally in South Africa, they must apply for work authorization as an endorsement on their existing visa.

(b) General Work Visa or Critical Skills Work Visa (Alternative Routes)

• If the spouse or partner does not qualify for an endorsement, they can apply for a general work visa or critical skills visa based on their own qualifications and work experience.

• This route is often lengthier and requires the employer to prove that no South African could fill the position.

(c) Spousal Visa with Work Authorization (Fastest Option)

• A spousal visa with work endorsement is the simplest and fastest way for a spouse or partner to legally work in the business owned by the business visa holder.

• Key Requirements: 

o Proof of a valid spousal relationship or partnership (marriage certificate or cohabitation evidence).

o A job offer letter from the business, outlining the spouse’s role, salary, and responsibilities.

o A motivational letter from the business visa holder (primary applicant) explaining the need for their spouse’s employment in the business.

3. Working for the Business – Legal Requirements

(a) Work Authorization Process

If the spouse or life-partner intends to work specifically for the business operated by the business visa holder, they must:

1. Apply for work authorization under Section 11(6) of the Immigration Act.

2. Provide documentation proving their spousal or partnership status.

3. Submit an employment contract and business plan showing their involvement in the business.

4. Demonstrate that their role aligns with the business operations and adds value without displacing South African workers.

(b) Restrictions

• The authorization is tied to the specific business for which it was approved.

• The spouse or partner cannot work for a different employer without applying for a new visa or work endorsement.

• If the relationship ends (e.g., divorce or separation), the spouse’s visa may no longer be valid, and they must reapply for a different visa to continue working.

4. Practical Scenarios and Examples

Scenario 1: Spouse Becomes a Co-Manager or Employee

A business visa holder opens a restaurant in South Africa. Their spouse has hospitality experience and wishes to work as a manager in the same business.

• They apply for a spousal visa with an endorsement to work.

• Submit the employment offer, job description, and proof of relationship.

• Once approved, the spouse can legally work in the business.

Scenario 2: Life-Partner Assists in Administration

A business visa holder owns a consulting firm and their life-partner wants to assist with accounting and administration.

• The partner applies for a life-partner visa and requests work rights under Section 11(6).

• Upon approval, they can take up the role specified in the application.

Scenario 3: Spouse Wants to Start Their Own Business

If the spouse or partner does not wish to work for the business but instead wants to start a separate business, they will need to apply for their own business visa and meet investment requirements independently.

5. Key Challenges and Considerations

(a) Dependency on Primary Visa Holder

• The spouse’s work rights are linked to the status of the primary business visa holder.

• If the primary visa is revoked, the spouse or partner may also lose their work authorization.

(b) Bureaucratic Delays

• The Department of Home Affairs (DHA) in South Africa has faced processing delays.

• Applications for work endorsements may take 2–6 months, so planning ahead is critical.

(c) Compliance with Employment Laws

• Spouses or partners must be formally employed with contracts, payroll records, and tax compliance to avoid penalties.

• Businesses must also ensure that they meet labour regulations regarding wages and working conditions.

6. Benefits of Employing a Spouse or Life-Partner in the Business

• Easier Visa Approval: Applications tied to an existing business visa are generally easier to process than standalone work visas.

• Reduced Hiring Costs: No need to recruit externally or prove the unavailability of South African workers.

• Trusted Workforce: Spouses or partners often have a stronger commitment to the business’s success.

• Simplified Paperwork: Visa processes can be streamlined when both partners share the same business interests.

7. Conclusion

Yes, a foreign spouse or life-partner of a South African business visa holder can legally work for the business, but this requires obtaining the correct visa endorsement or work authorization under Section 11(6) of the Immigration Act.

The process involves submitting proof of relationship, a job offer letter, and a business justification. While this is the fastest route, businesses and applicants must ensure they comply with labour laws and immigration policies to avoid penalties or legal challenges.

For the smoothest experience, applicants should seek legal assistance or use an immigration consultant to handle the paperwork and address any delays with the Department of Home Affairs.

How can we help you , please email us to info@samigration.com or whatsapp message me on:  +27 82 373 8415, where are you now? check our website : www.samigration.com

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