South African Citizenship Amendment Act


Published: 1981-11-06

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South African Citizenship Amendment Act
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
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CAPE TOWN, 6 NOVEMBER 1981
KAAPSTAD, 6 NOVEMBER 1981 [No. 7875
OFFICE OF THE PRIME MINISTER KANTOOR VAN DIE EERSTE MINISTER
No. 2338. :· 6 November 1981. No. 2338. 6 November 1981.
It is hereby notified that the State President has assented to the following Act which is hereby published for general information:- ;
Hierby word bekend gemaak dat die Staatspresident sy goedkeuring geheg bet aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:-
95 of 1981:· South African Citizenship. Amendment No. 95 van.1981: Wysigingswet op Suid-Afrikaanse Act, 1981. Burgerskap, 1981.
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.
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2 No. 7875 GOVERNMENT GAZETIE, 6 NOVEMBER 1981
Act No. 95, 1981 SOUTII AFRICAN CIDZENSHIP AMENDMENT ACf, 1981
GENERAL EXPLANATORY NOTE:
· Amendment of section 3 of Act 44 of 1949, as amended by section 3 of Act 64 of 1961.
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l Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with solid line indicate insertions in existing enactments.
ACT To amend the South African Citizenship Act, 1949, so as to
provide that certain children born in the Republic shall upon adoption by South African citizens become South African citizens by descent; to limit the language requirement to be complied with for the obtaining of South African citizenship by naturalization .to the ability to speak either of the · official languages of the Republic; to lower the age limit for the automatic acquisition · by virtue of permanent residence of such citizenship; to. provide , for · the withdrawal of a declaration that the declarant dOes not · wish to become a South African citizen or that the declarani desires a minor of whom he is the parent or guardian not to become such a citizen; to authorize tile Minister to direct that a South African citizen who, while outside · the Republic,
. . acquires the citizenship or another country by a voluntary and formal act, shall retain his South African citizenship; to repeal the provision, now fallen into disuse, which authorizes the Minister to deprive a certain person of his South African citizenship in certain circumstances; to delete the provision requiring the giving of notice ofthe intention to apply for a · certificate of naturalization; to delete the provision relating to the keeping of a register of certificates of naturalization and registration; and to do away with the requirement relating to the payment of fees in respect of the performance of certain acts under the Act; . and to provide for matters connected therewith.
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(Afrikaans text signed by the State. President.) (Assented to 15 October 1981.) ...
BE IT ENACfED by the State President and the House of Assembly of the Republic of South Africa, ~ follows:- · · ·
1. Section 3 of the South African.' Citizenship A~t, 1949 (hereinafter referred to as the principal Act), is hereby amended by the addition of the following subsection: 5
" 3) A erson born in the Re ublic out of wedlock of a mother who at the time of his birth- ( a) was not a prohibited. immigrant; and (b) had no right of permanent residence in the Republic, shall, if he is adopted by a South African citizen i 10
· accordance with the Children's Act, 1960 (Act No. 33 o 1960), be a South African citizen.".
4 No. 7875
Act No. 95, 1981
Amendment of section 10 of Act 44 of 1949, as amended by section 9 of Act 64 of 1961, section 20 of Act 69 of 1962 and section 3 of Act 23 of 1964.
Amendment of section llA of Act 44 of 1949, as inserted by section 1 of Act 53-of 1978.
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GOVERNMENT GAZETTE, 6 NOVEMBER 1981
SOUTII AFRICAN CffiZENSHIP AMENDMENT ACf, 1981
2. Section 10 of the principal Act is hereby amended- ( a) by the substitution in subsection (1) for the words
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preceding paragraph (a) of the following words: "The Minister may, ·upon application in the prescribed form [and subject to the provisions of 5 section twenty-nine], giant a certificate of natur~ alization as a South African citizen to any alien who satisfies the Minister that-";
(b) by the substitution for paragraph (g) of subsection (1) of the following paragraph: - . 10
"(g) he is able to [read and write] speak either of the official languages of the Union to the satisfaction of the Minister [or, if he has been ordinarily resident in the Union for a period of not less than twenty years he is able to read and speak either of 15 the official languages of the Union to the satisfac- tion of the Minister]; and";
(c) by the substitution fo.r subsection (3)ter of the follow- ing subsection: .-. ·• . . . . . "(3)ter . If an applicant is able to [read. and write] 20
.. speak both official languages of the Union to the satisfaction of the Minister, the Minister may grant a certificate of naturalization to him, notwithstanding the
, fact that the. applicant _had ~een resident ip the. Union for a period of only three years during the eight years 25 immediately preceding. the date of his application."; and
. (d) by. the deletionof subsection (ll)bis.
3. Section llA of the principal Act is hereby amended-. (a) by the substitution for paragraph (a) of subsection (1) 30
of the following paragraph: . . . . · "(a)' is not older than [25] 23 years;"; and
(b) · by the insertion after subSeCtion (3) of the following subsection:
"(3A) Any person who made a declaration in terms 35 of subsection 1 may withdraw that declaration with the consent of the Minister and subject to· the conditions determined by · the Minister, and if such declaration is so withdrawn- · · · · (a) the provisions of ·this section shall apply with 40
reference to such person, and any minor on whose behalf that declaration has been made, as if that declaration had not been made; ' · · ·
(b) such person shall be deemed to be in possession of a permit issued to him in terms of section 4 of th 45 Aliens Act, 1937; and
(c) such person shall be deemed to have been in possession of such a· permit during the period from the date on which he made that declaration to the date on which that declaration is withdrawn 50 in terms of this section."; and
(c) by the substitution for subsection (4) of t~e following subsection: . · · · · ' · · · • · "(4)'If a declaration contemplated in subsection (1) has been made by or on behalf of a minor, he may at 55 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 [the provisions of subsection (3) · · · (b) and (c) shall cease to apply in respect ·of him]- 60
(a) the . provisions of subsection (1) shall apply in respect o sue person as 1f the first-ment10ned declaration had not been made on his behalf;
. (b) he shall be deemed to be in possession of a permit issued to him in terms of section 4 of the · Alien 65
. Act; . ~937; ~':ld .
6 No. 7875
Act No. 95, 1981
Amendment of section 15 of Act 44 of 1949, as substituted by section 10 of Act 64 of 1961.
Amendment of section 19 of Act44 of 1949, as amended by section 22 of Act 69 of 1962.
Repeal of section 20 of Act 44 of 1949.
Amendment of section 21 of Act44 of 1949, as amended by section 15 of Act 64 of 1961 . and section 1 of Act 30 of 1980.
Repeal of section 26 of Act 44 of 1949.
Amendment of section 27 of Act44 of 1949, as amended by section 17 of Act 64 of 1961.
Substitution of section 28 of Act44 of 1949.
Repeal of section 29 of Act 44 of 1949.
Amendment of section 30 of Act44 of 1949.
GOVERNMENT GAZETIE, 6 NOVEMBER 1981
SOUTII AFRICAN CITIZENSHIP AMENDMENT ACT, 1981
(c) he shall, notwithstanding the provisions of subsec~ , tion {3),·be deemed to have been in possession o · such a permit during the period from the date on which the first-mentioned declaration was made on his behalf to the. date on which he made the 5 declaration in accordance with this section.".
4. Section 15 of the principal Act is hereby . amended by the substitution for paragraph (a) of subsection (1) of the following paragraph: · ·
"(a) he, whilst outside the Union, and not being a minor, 10 · . ·by some voluntary and formal act; other than mar-
. · · · riage, acquires the citizenship or nationality of a · country other than the Union, unless the Minister · directs otherwise; or".
S. Section 19 of the principal Act is hereby amended by the 15 substitution for subsection (1) of the following subsection: ·
"(1) A South African citizen by registration or naturaliza- tion shall cease to be a South African citizen if deprived thereof by an · order under this section [or under section twenty]!'. · · 20
6. Section 20 of the principal Act is hereby repealed.
7. Section 21 of the principal Act is hereby amended- (a) by the deletion of subsection (2); and (b) by the substitution for paragraph (a) of subsection (4)
·of the following paragraph: ·· 25 .... ; . . . " (a) Whenever a person ceases to be a South African
citizen under the provisions of section 16, 19, 19bis [20] or 20bis, he shall for the purposes of the Aliens Act, 1937, be deemed to be an alien who is not in possession or is not deemed to be in 30 possession of a permit referred to in section 4 or 5
··of that Act.".
· 8, Section 26 of.the principal Act is hereby repealed. :I ., .
9. Section 27 'of the prin~ipal Act is hereby amended by the su~stitution for subsection (1) of the following subsection: · 35
"(1) The Minister may on.the applicationof any person . [and on payment of the prescribed fee,] cause to be issued ·· to. that person a certificate in respect of the status of any person who to his satisfaction is, or was, a South African citizen.". · · 40
. 10. The following: section is hereby substituted for section 28 of the principal Ac~: ·
"Production 28. The Minister may · call for the production of of evidence. such evidence of citizenship as . he deems fit before
authorizing the issue of [any copy or] any certificate 45 in terms of section [twenty-sir or] 27 . .,;
11. Section 29 of the principal Act is hereby repealed.
12: Section 30 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: · .· ."(1), 'Any person may make representations to the 50
Minister with regard to any person who has applied [or advertised his · intention to ·apply] for a· certificate of registration or naturalization;".
8 No. 7875
Act No. 95, 1981
Amendment of section 39 of Act 44 of 1949, as amended by section 22 of Act 64 of 1961 1 and section 25 of Act 69 of 1962.
Amendment of section 40 of Act 44 of 1949, as amended by section 26 of Act 69 of 1962.
Short title.
GOVERNMENT GAZETIE, 6 NOVEMBER 1981
SOUTH AFRICAN CITIZENSHIP AMENDMENT ACI', 1981
13. Section 39 of the principal Act is hereby amended- (a) by the deletion of paragraph (a) of subsection (1); and (b) by the deletion of paragraph (c) of subsection (1). . ..
14. Section 40 of the principal Act is hereby amended by the deletion of paragraph (e). · 5
15. This Act shall . be called. the South African Citizenship · Amendment Act, 1981.
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