South African Citizenship Amendment Act
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.· STAATSKOERANT ·
VAN DIE REPUBLIEK ·VAN SUID-AFRIKA
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REPUBLIC OF SOUTH AFRICA
GOVERNMENT.· GAZETTE · ~ . ' .. ' . • ! • • •
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KAAPSTAD~ it APRIL 1984
CAPETOWN' it APRIL t984
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No. 9159
KANTOOR VAN DIE EERSTE MINISTER OFFICE OF THE PRIME MINISTER
No. 664. 11 April1984. No. 664. · 11 April1984 J ~ t ~ • ~ . ' .
Hierby word bekend gemaak dat die Staatspresident sy . · It is hereby notified that the State President has goedkeuring geheg bet aan die . onderstaande Wet wat assented to the following Act which is hereby published hierby ter algemene inligting gepubliseer word:- · for general information:-.-
=>. 43 van 1984: Wysigingswet op Suid-Afrikaanse Bur- No. 43 of 1984: South African Citizenship Amendment gerskap, 1984. Act, 1984.
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
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GOVERNMENT GAZETIE, 11 APRIL 1984 No. 9159 3
SOUTI-1 AFRICAN CITIZENSHIP AMENDMENT ACL1984 Act No. 43, 1984
GENERAL EXPLANATORY NOTE:·
[ ~ ] . Words in bold type in:.square brackets indicate omissions from ·existing enactments. . . ·
Words in1derlined with solid line indicate insertions in existing . enactments: · ·
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ACT. . . ' . . .
To amend the South African Citizenship Act, 1949, so as to make other provision for the acquisition of. South African citi· zenship by virtue of ordinary. residence in the Republic; and to do away with the duty of the Minister of Internal Affairs to publish certain returns; and to provide for. matters con- nected ther.ewith. ' · ·
. . . . . ~ (English text signed by the State Preside~!.)
(Assented to 26 March 1984.)
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BE iT'ENACrED by the··state Pr~sident ' and .the House of Assembly of the Republic of South Africa, as follows:-
1. (1) Section llA of the South African Citizenship Act, 1949 Amendment of (hereinafter referred to as the principal . Act), .. is here.by ~~:i%: ~~~fJ.
5 amended- . · . . . . · . as inserted by (a) by the substitution for subsection (1) of the following section 1 of
subsection: Act 53 of 1978 "(1) Any alien who- and .amended by
;..;.;;::..~._~=;...;.;.;:.:.;:;..-:-~~~-::::----::---:-· section 3 of (a) has not been convicted of an offence referred to in Act 95 of 1981.
10 section 43 or 44A of the Admission of Persons to the Republic Regulation Act, 1972 (Act No. 59 of 1972), unless the Minister determines otherwise in his case; and
(b) is entitled to permane_nt residence in the Republic 15 by virtue of a permit in terms of section 4 of the
Aliens Act, 1937 (Act No. 1 of 1937); and (c) has been ordinarily resident in the Republic for a
period of at least five years after he so became en- titled to permanent residence,
20 shall be a South African citizen by naturalization with effect from- (i) in the case of an alien to whom such a permit was
issued before 19 April 1978, the date six months from the commencement of the South African
25 Citizenship Amendment Act, 1984, if at that com- mencement he is not younger than 15 years and not older than 24 years and six months, or, if he is then younger than 15 years; the date six months from the date on which he attains the age of 15
30 years; or (ii) in the case of an alien to whom such a 'permit was
or is issued at any time after the date two years be- fore that commencement, the date on which the period of five years contemplated in paragraph (c)
35 expires, if he was then not younger than 15 years and six months and not older than 25 years, or, if he was then younger than 15 years and six months,
GOVERNMENTGAZETfE, 11 APRIL 1984 No. 9159 5
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SOUTII AFRICAN CITIZENSHIP AMENDMENT ACT, 1984
the date on which he attains the age of 15 years and six months,
unless he or, in the case of a minor, his responsible par- ent or guardian on his behalf while he was a minor at any time after the date on which he attained the age of 15 years but before the date on which he becomes a South African citizen by virtue of this subsection, made a declaration in the prescribed form stating that he does not wish to become such a citizen or, as the case may be, that he desires the minor not to become such a ~.";
(b) by the substitution for paragraph (a) of subsection (3) of the following paragraph:
"(a) he shall from the day on which the declaration has been [made] registered in the '}rescribed manner, be deemed to be an ahen who, or the purposes of the Aliens Act, 1937, is not in possession of a per- mit issued to him in terms of section 4 or 5 of the said Act;"; and
(c) by the deletion of subsection (5). (2) Any person who was a South African citizen by virtue of the
provisions of section llA of the principal Act, as it existed im- mediately before the commencement of this Act, remains to be such a citizen after that commencement as if that section were
Act No. 43, 1984
25 not amended by subsection (1) of this section.
30
2. Section 40 of the principal Act is hereby amended by the Am~ndment of substitution for paragraph (c) of the following paragraph: ~ct•~; 4~1~~9 "(c) the form and registration of any declaration of renun- asc!me~ded by
dation or resumption of South African citizenship ill!£ section 26 of of any declaration contemplated in section llA (1) ;". Act 69 of 1962
and section 14 of Act 95 of 1981.
3. This Act is called the South African Citizenship Amend- Short title. ment Act, 1984.