Matters Concerning Admission to and Residence in the Republic Amendment Act
STAATSKOERANT VAN DIE REPUBLIEK VAN SUID-AFRIKA
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
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KAAPST AD, 13 JUNIE 1986
CAPE TOWN, 13 JUNE 1986 No. 10277
KANTOOR VAN DIE STAATSPRESIDENT STATE PRESIDENT'S OFFICE
No. l164. 13 Junie 1986 No. 1164. 13June1986
Hierby word bekend gemaak dat die Staatspresident sy
[
dkeuring geheg het aan die onderstaande Wet wat rby ter algemene inligting gepubliseer word:-
. 53 van 1986: Wysigingswet op Aangeleenthede Be- treffende Toelating tot en Verblyf in die Republiek, 1986.
It is hereby notified that the State President has assented to the following Act which is hereby published for general information:-
No. 53 of 1986: Matters Concerning Admission to and Residence in the Republic Amend- ment Act, 1986.
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the
other language is printed on uneven numbered pages.
GOVERNMENT GAZETTE, 13 JUNE 1986
MATTERS CONCERNING ADMISSION TO AND RESIDENCE IN . , TilE REPUBLIC AMENDMENT ACT, 1986
GENERAL EXPLANATORY NOTE:
No.10277 3
Act No. 53, 1986 ·
[ ] Words in bold type in square brackets indicate omissions from existing enactments. . ·
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ACT To amend the Aliens Act, 1937, so as to delete certain definitions
and insert new definitions; further regulate the issuing of permits for permanent residence in the Republic; and substi- tute the designation "immigration officer" for the desig- nation "passport control officer"; to amend the South Afri- can Citizenship Act,· 1949, so as to further regulate the acquisition of South African citizenship by virtue of perma- nent residence in the Republic; make further provision in connection with the registration of birth of eertain persons born outside the Republic; further regulate the status of per- sons ceasing to be South African citizens; repeal certain pro- visions; and alter the words of the oath of aUegiance; to re- peal certain laws regulating the adiDWion of Asiatics to certain parts of the Republic; and to provide for matters connected therewith.
(Afrikaans text signed by the State President.) (Assented to 5 June 1986.)
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:-
1. Section 1 ofthe Aliens Act, 1937, is hereby amended- (a) by the substitution for the definitions of "domicile",
"passport control officer" and "Minister" of the follow- ing definitions: "'domicile' ['passport control officer') and 'Minister'
have the meanings ascribed respectively to those expressions in section [30]~ of the principal Act;";
(b) by the deletion of the definition of "European inhabi- tant of the Union";
(c) by the substitution for the definition of "principal Act" of the following definition: "'principal Act' means the [Admission of Persons to the
Union Regulation Act, 1913 (Act No. 22 of 1913)] Admission of Persons to the Republic Regulation Act, 1972 (Act No. 59of1972);"; and
(d) by the insertion after the definition of "principal Act" of the following definition: "'immigration officer' has the meaning assigned thereto
in section 1 of the principal Act; and".
Amendment of section 1 of Actlof1937, as substituted by section 1 of Act 7 of 1967.
GOVERNMENT GAZETTE, 13 JUNE 1986 No.l0277 5
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2. Section 4 of the Aliens Act, 1937, is hereby amended by the substitution for paragraph (b) of subsection (3) of the following paragraph: ·
"(b) [is likely to become readily assimilated] will within a reasonable period after his entry into the Union assimi- late with the [European] inhabitants of the Union and [to become] ~ a desirable inhabitant of the Union (within a reasonable period · after his entry into the Union]; and".
Act No. 53, 1986
Amendment of section 4 of Actlof1937, as amended by section 8 of Act 69 of 1962, section 2of Act7of1967 and section 2 of Act 12 of 1971.
10 3. Section Sbis of the Aliens Act, 1937, is hereby amended by ~:~~~~~f the substitution for subsection (2) of the following subsection: Act 1 of 1937,
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"(2) The provisions of subsections (2) and (3) of section as i~serted by [six] ~of the principal Act shall mutatis mutandis apply ~~~;~;f1~63 with reference to any such alien in the same manner as they and amended by apply with reference to prohibited persons referred to in section 2 of thatsection.". Act49of1984.
4. The following section is hereby substituted for section 6 of Sub~titution of the Aliens Act 1937· sectlon6of
' · Act 1 of 1937, "Permit 6. (1) A permit in terms of section 4 or 5 shall not as a?lended by
20 holders not exempt the holder thereof from any provision of the section 10 of exempted . . f . d d h Act 69 of 1962 from Act 59 pnnctpal Act or o any regulatiOn rna e un er t at and section 2 of of 1972. Act. Act 23 of 1964 .
. (2) Any alien who arrived by sea within the terri- torial waters of the Union or who has entered the
25 Union by aircraft, or who became an alien while in the Union and who is not the holder of a permit is- sued in terms of section 4 or 5, may be dealt with as a prohibited person in terms of section [thirteen] ~ of the principal Act, even though he would, but for
30 the provisions of this subsection, not be a prohibited person under the principal Act.".
5. The Aliens Act, 1937, is hereby amended by the substitu- Substitution of tion, in sections 5 (1), 5 (1A), 5 (2), Sbis (1) and Squat (1) and ~~e wordrts t 1 passpo con ro (3), for the words "passport control officer", wherever they oc- officer" in
35 cur, of the words "immigration officer". Act 1 of 1937.
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6. Section 1 of the South African Citizenship Act, 1949 (here- Amendment of inafter calleg the principal Act), is hereby amended by the ad- ~~~%r~r1~49 , dition to subsection (2) of the following paragraph: as amended by
" c) section 1 of ....... _~(i~)-t_o_w--:-ho_m_a_n_e_x-ern_p..,..,ti'""o-n""'f.-ro-m-t~e-p-r-o.....,t'"'t""tt'""o-n-rn-.en--":Act 64 °~ 1961
. d . . 2 1 ) f h AI' A 1937 h and section 18of tlone m section 1 a o t e tens ct, , as Act 69 of 1962. been granted unconditionally and for un unspeci- fied period in terms of section 7bis of that Act, whether as an individual or as a member of a class of persons; or
(ii) to whom the said prohibition is not applicable by virtue of section 12 (1) (a) or (c) of that Act,
and who entered the Union or is therein or at any time prior to the commencement of the Matters concerning Admission to and Residence in the Republic Amend- ment Act, 1986, was therein for purposes of permanent residence, shall be deemed to be or have been lawfully admitted to the Union for permanent residence there- in, or permanently and lawfully residing in the Union.". -
7. Section 6 of the principal Act is hereby amended- ( a) by the substitution for paragraph (a) of subsection (1)
of the following paragraph: "(a) his father was, at the time of the birth, a South
African citizen and the birth is [within one year thereof or such longer period as the Minister may
Amendment of section 6 of Act 44 of.1949, as amended by section 6 of Act 64 of 1961.
GOVERNMENT GAZETTE, 13JUNE 1986
MA TIERS CONCERNING ADMISSION TO AND RESIDENCE IN THE REPUBLIC AMENDMENT ACT, 1986
in the special circumstances . of the case approve, registered at a Union consulate or such other place as may be prescri~ed] registered in terms of the provisions of section 17 A of the Births, Marriages
5 and Deaths Registration Act, 1963 (Act No. 81 of 196:fr; or"; and
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(b) by the deletion of paragraph (c) of subsection (2).
8. Section 11A of the principal Act is herebx amended- (a) by the insertion after subsection (1) of the following
subsection: "(1A) The provisions of subsection (1) shall mutatis
mutandis apply to an alien who is entitled to permanent residence by virtue of an exemption in terms of section 7bis of the Aliens Act, 1937, and in such application a reference in that subsection- ( a) to "a permit in terms of section 4 of the Aliens
Act, 1937 (Act No. 1 of 1937)" shall be construed as a reference to an exemption in terms of section 7bis of the Aliens Act, 1937, from the prohibition in section 2 (a) of the said Act;
(b) to "19 April 1978" and "two years" shall be con- strued as a reference to four years and six months; and
(c) to "the South African Citizenship Amendment Act, 1984" shall be construed as a reference to the Matters concerning Admission to and Residence in the Republic Amendment Act, 1986. ";
(b) by the substitution for paragraph (a) of subsection .(2) of the following paragraph:
"(a) The Minister may in his discretion exclude any person. or category of persons, with such excep- tions as he may . deem fit, from the provisions of subsection (1) or (1A), and either .for a specified or unspecified period and either unconditionally or subject to such conditions as the Minister may im- pose.";
(c) by the substitution for subsection (3) of the following subsection:
"(3) If a declaration [contemplated] referred to in subsection (1) or referred to in that subsection as ap- plied by subsection (1A) has been made by or on be- half of any person- ( a) he shall from the day on which the declaration has
been registered in the prescribed manner, be deemed to be an alien who, for the purposes of the Aliens Act, 1937, is not- ill. in possession of a permit issued to him in
terms of section 4 or 5 of the said Act; 2£ (ii) in terms of section 7bis of the said Act
exempted from the prohibition in section 2 (a) of that Act;
(b) a permit may not in terms of section 4 of the said Act be issued or an exemption in terms of section 7bis of the said Act from the prohibition in section 2 {a) of that Act may not be granted to him; and
(c) he shall be disqualified from acquiring South Afri· can citizenship in any manner.";
(d) by the substitution in subsection (3A) for the words preceding paragraph (a) of the following words:
"(3A) Any person who made a declaration in terms of subsection {1) or in terms of that subsection as ap- plied by subsection (1A) may withdraw that declaration with the consent of the Minister and subject to the con- ditions determined by the Minister, and if such declara- tion is so withdrawn-";
No.l0277 7
Act No. 53, 1986
Amendment of section llA of Act44of1949, as inserted by section 1 of Act 53 of 1978 and amended by section3 of Act 95 of 1981 and section 1 of Act 43 of 1984.
GOVERNMENT GAZETTE, 13JUNE 1986 No.l0277 9
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(e) by the substitution in subsection (4) for the words pre- ceding paragraph (a) of the following words:
"(a) If a declaration [contemplated] referred to in sub- section (1) or referred to in that subsection as ap- plied by subsection (1A) has been made by or on behalf of a minor, he may at any time during a period of three months after attaining majority make a declaration in the prescribed form stating that he wishes to become a South African citizen, and thereupon-"; and
(f) by the substitution for paragraph (a) of subsection (4) of the following paragraph:
"(a) the provisions of subsection (1) or (1A) shall apply in respect of such person as if the first-mentioned declaration had not been made on his behalf;".
Act No. 53, 1986
9. Section 21 of the principal Act is hereby amended- Am~ndment of (a) by the subst~tution for paragraph (a) of subsection (4) ~~~~;/1~~9•
of the followmg paragraph: as amended by "(a) Whenever a person ceases to be a South African section 15 of
citizen under the provisions of' section 16, 19, 19bis Act_64of1961, or 20bis, he shall for the purposes of the Aliens ~~~0 1f ~~80 ACt, 1937, be deemed to be an alien who is not- an~ sec~ion 7 of .ill_ in possession or is not deemed to be in posses- Act 95 of 1981.
sion of a permit referred to in section 4 or 5 of that Act;.Qr
(ii) in terms of section 7bis of the said Act exempted or deemed to be exempted from the prohibition in section 2 (a) of that Act."; and
(b) by the substitution for paragraph (b) of subsection (4) of the following paragraph:
"(b) If any person ceased to be a South African citizen under section 16 (2), a permit shall not be issued to him in terms of section 4 of the Aliens Act, 1937, or an exemption in terms of section 7bis of the said Act from the prohibition in section 2 (a) of that Act shall not be granted to him, and he shall not be entitled to obtain South African citi- zenship in any manner again.".
10. Section 39 of the principal Act is hereby repealed. Repeal of section 39 of Act44of1949, as amended by section 22 of Act64ofl961, section 25 of Act 69 of 1962 and section 13 of Act 95 of 1981.
40 11. Section 40 of the principal Act is h~reby amended by the substitution for paragraph (f) of the followmg paragraph:
Amendment of section 40 of Act 44 of 1949, as· amended by section 26 of Act69of1962, section 14 of Act 95 of 1981 and section 2 of Act 43 of 1984.
"(f) the issue of certificates of acknowledgement of South African citizenship to persons born elsewhere than in the Union;".
GOVERNMENTGAZEITE, 13 JUNE 1986 No.10277 11
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12. The following Schedule is hereby substituted for the First Schedule to the principal Act:
''First Schedule
OATH OF ALLEGIANCE
I, A. B., do hereby declare on oath that I [unreservedly re- nounce all allegiance and fidelity to any foreign State or Head of State of whom I have heretofore been a citizen or a subject, or to any other External Authority to whom I have heretofore owed any form of allegiance; that I] will be faith- ful to the Republic of South Africa, observe its laws, pro- mote all that which will advance it and oppose all that may harm it. So Help Me God.".
13. Chapter XXXIII of the "Wetboek van den Oranje- vrijstaat" is hereby repealed.
Act No. 53, 1986
Substitution of First Schedule to Act 44 of1949, as substituted by section 27 of Act 69 of 1962.
Repeal of Chapter XXXIII of the "Wetboek van den Oranje- vrijstaat".
15 14. The Asiatics in the Northern Districts of Natal Act, 1927, Repeal of is hereby repealed. Act 33 of 1927.
is. Section 17 of the Admission of Persons to the Republic Repealof Regulation Act, 1972, is hereby repealed. ~~!i~~ ~11~~2.
16. This Act shall be called the Matters concerning Admission Short title. 20 to and Residence in the Republic Amendment Act, 1986.