Misplaced Pages

#297702

110-515: South African nationality law details the conditions by which a person is a national of South Africa . The primary law governing nationality requirements is the South African Citizenship Act, 1995, which came into force on 6 October 1995. Any person born to at least one South African parent receives citizenship at birth. Children born to a legal resident of the country are permitted to South African citizenship only when they reach

220-723: A Crown Colony in 1848 as Transorangia, in 1854 it became independent as a Boer state , but reverted to crown rule in 1900. In 1852, Britain recognized the Boer state of the South African Republic, but in 1877, it was attached to Britain as the Transvaal Colony . Basutoland was annexed by Britain in 1868 and Griqualand West was claimed in 1872, which were incorporated into the Cape Colony, respectively in 1895 and 1880. Britain acquired Bechuanaland in 1885, and its territory south of

330-601: A referendum and reported to the UN that the majority of South West Africans supported the proposal. Chiefs of the Damara , Herero , Nama and Ovambo peoples , protested directly to the British High Commissioner and led a campaign against annexation by South Africa. The British government supported annexation, but the UN rejected the proposal and instead designated the country as a Trust Territory . South Africa refused to accept

440-415: A South African permanent resident. Nationality by registration required that an applicant be sixteen years old or more; a citizen of an independent homeland, who was South African prior to the creation of the independent state; and a lawful permanent resident; or an unmarried minor child whose parent qualified for restored nationality at birth. Obtaining nationality by registration was at the sole discretion of

550-570: A combination of jus sanguinis and jus soli are used to determine nationality at birth. Those who are eligible include: Naturalisation can be granted to persons of majority who have resided in South Africa for a sufficient period of time to confirm they understand the official languages, customs and traditions of the country and the responsibilities of citizenship. General provisions are that applicants have good character and intend to remain in South Africa. Applicants must verify that they have been

660-460: A deed of burghership , after having lived in the colony for five years and taking an oath of allegiance . In 1834, the British Parliament abolished slavery within its empire, establishing a four-year apprenticeship system in which slaves could transition to emancipation. A large scale exodus from the Cape Colony of Dutch-speaking Free Burghers , known as Boers , and their slaves followed as

770-421: A domicile in South Africa for three years; persons born abroad to a father who was a Union national at the time of their birth; or the wife of a Union national. Women who married persons who were foreigners were not eligible to be Union nationals. Because natives of South West Africa were not British subjects under the rules of the mandate, they were also not allowed to become Union nationals. The Quota Act of 1930

880-483: A husband also had to have had three children to naturalise and foreign wives who married British subjects automatically derived nationality from their spouse. In 1911, proposed legislation was drafted in South Africa to bar Indian immigration and exclude undesirable Caucasian migrants. It was targeted to exclude indentured workers and Jewish immigrants. Eventually the Immigrants Regulation Act (Act No. 13)

990-430: A language of South Africa), and intended to reside in the territory, were allowed to naturalise. Naturalisation or denaturalisation of a father automatically changed the status of his minor children. However, children who had been denaturalised could request reinstatement within one year of reaching majority. Widows who had originally been British subjects, whose foreign spouse had died, were also allowed to naturalise. Under

1100-454: A lawful permanent resident or also South African. It allowed children born in South Africa to foreign parents to apply for naturalisation upon reaching majority, as long as the birth had been registered. Refining the provisions for dual nationality, the amendment required applicants for naturalisation to prove they were from a country that allowed them to hold other nationality or they were required to renounce their other nationality. It also added

1210-605: A marriage had terminated, through death or divorce, a British-born national who had lost her status through marriage could reacquire British nationality through naturalisation without meeting a residency requirement. The statute specified that a five-year residency or service to the crown was required for naturalisation. In 1914, the British government authorised South Africa to seize German South West Africa in exchange for territory in Luderitzbucht and Swakopmund . Germany surrendered

SECTION 10

#1732848053298

1320-410: A national of a state, in the sense of being its citizen , without subjectively or emotionally feeling a part of that state, for example a migrant may identify with their ancestral and/or religious background rather than with the state of which they are citizens. Conversely, a person may feel that he belongs to one state without having any legal relationship to it. For example, children who were brought to

1430-522: A national of one state required rejecting the previous state. Dual nationality was considered a problem that caused a conflict between states and sometimes imposed mutually exclusive requirements on affected people, such as simultaneously serving in two countries' military forces. Through the middle of the 20th century, many international agreements were focused on reducing the possibility of dual nationality. Since then, many accords recognizing and regulating dual nationality have been formed. Statelessness

1540-505: A naturalisation application, or for voting or using a passport of another country. After the elections a Constitutional Assembly was called and after consultation and review by the Constitutional Court , a final constitution was approved by the assembly on 11 October 1996. Under its terms, Section 3 provided that all South Africans had a right to equally acquire nationality and citizenship and that such provisions would be contained in

1650-599: A permanent resident for five years and additionally resided in the country for a cumulative four years out of a previous eight-year period plus continuously in the year preceding the application. Besides foreigners meeting the criteria, other persons who may apply for naturalisation include: South Africans are allowed to renounce their nationality, provided that comply with registration processes. Any national of South Africa can be deprived of their nationality. Nationals can be denaturalised for obtaining other nationality without registering prior to acquiring other nationality with

1760-455: A person does not reside for a specified period of time, they can automatically lose their nationality. To protect those individuals from being deemed "stateless", the 1961 Statelessness Convention places limitations on nationality laws. The following list includes states in which parents are able to confer nationality on their children or spouses. Minister of Home Affairs (South Africa) The Minister of Home Affairs

1870-551: A provision that naturalised persons could lose their nationality if they participated in a war that South Africa did not support. Nationality In international law , nationality is a legal identification establishing the person as a subject, a national , of a sovereign state . It affords the state jurisdiction over the person and affords the person the protection of the state against other states. The rights and duties of nationals vary from state to state, and are often complemented by citizenship law, in some contexts to

1980-451: A result of policies enacted by the British to protect indigenous people and newly emancipated slaves. Groups settled in the Natal, Transvaal, Transorangia, areas as well as northward into Bechuanaland (later part of South West Africa ). Further laws on naturalisation, which did not vary overmuch from the 1817 decree, were passed for the Cape Colony in 1856, 1861, and 1868, which were repealed by

2090-724: A similar distinction as well before 1983, where all nationals with a connection to the UK or one of the colonies were classified as Citizens of the United Kingdom and Colonies , but their rights were different depending on the connection under different laws, which was formalised into different classes of nationalities under the British Nationality Act 1981 . Nationality is sometimes used simply as an alternative word for ethnicity or national origin, just as some people assume that citizenship and nationality are identical. In some countries,

2200-599: A subsection within a wider British nationality ( British subject status) applicable to all citizens of the British Empire and Commonwealth of Nations . The post-apartheid Constitution of South Africa avoids usage of the term "nationality" to sidestep possibilities of evoking ethnic connotations, but there is now little distinction between the two terms and they are used interchangeably in the modern context. Nationality can be obtained in South Africa at birth or later in life through naturalisation. Typically, in South Africa,

2310-424: Is awarded based on two well-known principles: jus sanguinis and jus soli . Jus sanguinis translated from Latin means "right of blood". According to this principle, nationality is awarded if the parent(s) of the person are nationals of that country. Jus soli is referred to as "birthright citizenship". It means, anyone born in the territory of the country is awarded nationality of that country. Statelessness

SECTION 20

#1732848053298

2420-415: Is called naturalization . Each state determines in its nationality law the conditions ( statute ) under which it will recognize persons as its nationals, and the conditions under which that status will be withdrawn . Some countries permit their nationals to have multiple nationalities , while others insist on exclusive allegiance . Due to the etymology of nationality , in older texts or other languages

2530-505: Is defined by the 1954 Statelessness Convention as "a person who is not considered a national by any State under operation of its law.” A person can become stateless because of administrative reasons. For example, "A person may be at risk of statelessness if she is born in a State that applies jus sanguinis while her parents were born in a State that applies jus soli , leaving the person ineligible for citizenship in both States due to conflicting laws." Moreover, there are countries in which if

2640-554: Is focused on the internal political life of the state and nationality is the dimension of state membership in international law . Article 15 of the Universal Declaration of Human Rights states that everyone has the right to nationality. As such nationality in international law can be called and understood as citizenship, or more generally as subject or belonging to a sovereign state , and not as ethnicity. This notwithstanding, around 10 million people are stateless . Today,

2750-534: Is not defined by political borders or passport ownership and includes nations that lack an independent state (such as the Arameans , Scots , Welsh , English , Andalusians , Basques , Catalans , Kurds , Kabyles , Baluchs , Pashtuns , Berbers , Bosniaks , Palestinians , Hmong , Inuit , Copts , Māori , Wakhis , Xhosas and Zulus , among others). National identity is person's subjective sense of belonging to one state or to one nation. A person may be

2860-517: Is often used as translation of the Russian nacional'nost' and Serbo-Croatian narodnost , which were the terms used in those countries for ethnic groups and local affiliations within the member states of the federation . In the Soviet Union, more than 100 such groups were formally recognized. Membership in these groups was identified on Soviet internal passports , and recorded in censuses in both

2970-449: Is the condition in which an individual has no formal or protective relationship with any state. There are various reasons why a person can become stateless. This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country rejects all offspring of mothers married to foreign fathers, but the father's country rejects all offspring born to foreign mothers. People in this situation may not legally be

3080-463: Is the status or relationship that gives the nation the right to protect a person from other nations. Diplomatic and consular protection are dependent upon this relationship between the person and the state. A person's status as being the national of a country is used to resolve the conflict of laws . Within the broad limits imposed by a few treaties and international law, states may freely define who are and are not their nationals. However, since

3190-464: The Nottebohm case , other states are only required to respect the claim(s) by a state to protect an alleged national if the nationality is based on a true social bond. In the case of dual nationality, the states may determine the most effective nationality for the person, to determine which state's laws are the most relevant. There are also limits on removing a person's status as a national. Article 15 of

3300-587: The Basque Country as " nationalities " ( nacionalidades ). In 2013, the Supreme Court of Israel unanimously affirmed the position that "citizenship" (e.g. Israeli) is separate from le'om ( Hebrew : לאום ; "nationality" or "ethnic affiliation"; e.g. Jewish , Arab , Druze , Circassian ), and that the existence of a unique "Israeli" le'om has not been proven. Israel recognizes more than 130 le'umim in total. The older ethnicity meaning of "nationality"

3410-594: The British Empire in 1910, South Africa was granted more autonomy over time and gradually became independent from the United Kingdom . While South African citizens are no longer British, they continue to hold favoured status when residing in the UK; as Commonwealth citizens , South Africans are eligible to vote in UK elections and serve in public office there. South African citizens have been Commonwealth citizens by default since 1 June 1994. The distinction between

South African nationality law - Misplaced Pages Continue

3520-538: The Constitution of South Africa and ordered the reinstatement of South African citizenship for those who lost their citizenship in this manner; the judgement however requires confirmation by the Constitutional Court , which is pending as of July 2023. In addition, persons applying for naturalisation must prove that the country of their current nationality allows them to be dual nationals or they must renounce that nationality. South African nationality began in 1652, when

3630-676: The Dutch East India Company established the first permanent European settlement in the Cape of Good Hope at Table Bay . At that time, pastoral groups known as the San and Khoikhoi inhabited the region along with other Bantu-speaking peoples who had emigrated from the northwest approximately 2000 years prior. As the colony developed and expanded from 1658, slaves from other African regions as well as parts of South and Southeast Asia were imported to work in agriculture and in domestic service. During

3740-490: The Minister of Home Affairs to retain their citizenship prior to acquiring the citizenship of another country via any voluntary and formal act (other than marriage) if over the age of majority , and failure to do so will result in the automatic loss of South African citizenship upon acquiring another country's citizenship. On 13 June 2023, the Supreme Court of Appeal struck down the relevant legislation as being inconsistent with

3850-514: The Molopo River was joined to the Cape Colony. In 1887, Zululand was annexed by Britain and in 1897 became part of Natal. British Nationality Acts did not extend beyond the bounds of the United Kingdom of Great Britain and Ireland , meaning that under Britain's rules of conquest, laws in place at the time of acquisition remained in place until changed. As a new Civil Code for the Netherlands

3960-565: The Republic of China nationality , but do not have an automatic entitlement to enter or reside in the Taiwan Area , and do not qualify for civic rights and duties there. Under the nationality laws of Mexico , Colombia , and some other Latin American countries, nationals do not become citizens until they turn the age of majority. List of nationalities which do not have full citizenship rights Even if

4070-797: The South Africa Act created the Union of South Africa and Britain officially transferred the Penguin Islands and Walvis Bay to South Africa. To standardise the requirements for naturalisation in the Cape Colony, Colony of Natal, Orange Free State and the Transvaal Colony , the Naturalisation of Aliens Act of 23 December 1910, replaced and repealed the individual acts of naturalisation which had previously been in place in those colonies. It allowed white foreigners of majority (twenty-one years old) who had resided in South Africa for two cumulative years out of

4180-421: The Universal Declaration of Human Rights states that "Everyone has the right to a nationality," and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality." A person can be recognized or granted nationality on a number of bases. Usually, nationality based on circumstances of birth is automatic, but an application may be required. The following instruments address

4290-404: The age of majority . Foreign nationals may be granted citizenship after meeting a residence requirement (usually five years). South Africa is composed of several former British colonies conquered and settled during and very shortly after the 19th century whose residents were British subjects . After these colonies were combined into the Union of South Africa and elevated as a Dominion within

4400-482: The cognate word for nationality in local language may be understood as a synonym of ethnicity or as an identifier of cultural and family-based self-determination , rather than on relations with a state or current government. For example, some Kurds say that they have Kurdish nationality, even though there is no Kurdish sovereign state at this time in history. In the context of former Soviet Union and former Socialist Federal Republic of Yugoslavia , "nationality"

4510-464: The 18th century, the growth in population of white settlers was nearly identical to increases in slave populations, despite the fact that the slaves were predominantly male. Conversion to Christianity was discouraged, because Dutch law in the period required slaves to be manumitted upon conversion. The law also barred white fathers from manumitting children with slave mothers, but did allow freedom to children born to white mothers and slave fathers. From

South African nationality law - Misplaced Pages Continue

4620-659: The 1949 statute. In 1960, Ethiopia and Libya instituted proceedings in the International Court of Justice against South Africa for breaching their obligations toward South West Africa under their trusteeship, but were found not to have standing . On 31 May 1961, the Union of South Africa left the Commonwealth and became the Republic of South Africa. The South African Citizenship Amendment Act (No. 64) of 1961, reiterated that under

4730-466: The 19th and 20th centuries, it was typical for only a certain percentage of people who belonged to the state to be considered as full citizens. In the past, a number of people were excluded from citizenship on the basis of sex, socioeconomic class, ethnicity, religion, and other factors. However, they held a legal relationship with their government akin to the modern concept of nationality. United States nationality law defines some persons born in some of

4840-797: The Aliens Control Act restricted both mobility and employment options of all non-citizens. That year a Citizenship Amendment Act (No. 41) was passed granting the Minister of the Interior the authority without any appeal mechanism to strip any South African of their nationality if they held dual nationality. Because foreigners were evading military service, the Citizenship Act was amended (No. 53) in 1978, to require that alien residents under twenty-five would be automatically conferred nationality after two years residency and be eligible to complete their national service. Anyone who refused to become South African

4950-555: The Cape of Good Hope under the terms of the Convention of London in 1814. In 1824 traders from the Cape Colony first settled at Port Natal , the area was annexed in 1843, and the Natal Colony was established in 1844. Queen Adelaide Province was claimed by Britain in 1835, abandoned in 1837, re-annexed in 1847, and in 1864 was incorporated into the Cape Colony. The Orange Free State became

5060-400: The Citizenship Act (No. 17) removed the clause that a national could lose their nationality for voting in another country or using a foreign passport. It was modified again in 2010 (Act No. 17) with changed provisions from automatic acquisition of nationality at birth for children who had one parent who was a legal resident or citizen to require that one parent must be South African and the other

5170-564: The Citizenship Act. In 2007, the 1995 Citizenship Act was amended (Act No. 69) to clarify that persons who had been registered or naturalised in the Homelands were also automatically granted South African nationality and citizenship. It also granted the Minister responsible for naturalisation to grant certificates at his discretion under exceptional circumstance to applicants who did not meet the typical requirements to naturalise. In 2004, an amendment to

5280-547: The Director General of the Department of Home Affairs. For restoration of nationality by naturalisation, provisions required that applicants were either born in a white portion South Africa prior to creation of the independent homelands, or after their creation in the homeland; that their parents were born in South Africa or in an independent homeland; or if a female who was a lawful permanent resident of South Africa, that she be

5390-476: The Minister of Home Affairs determines that loss of nationality is of benefit to public interests. Persons who have previously lost their South African nationality may repatriate as long as the reasons they were deprived of nationality no longer exist in South African statutes. South Africa has allowed dual nationality since 1994 with restrictions. Citizens are required to apply for, and obtain, permission from

5500-479: The US illegally when quite young and grew up there while having little contact with their native country and their culture often have a national identity of feeling American, despite legally being nationals of a different country. Dual nationality is when a single person has a formal relationship with two separate, sovereign states. This might occur, for example, if a person's parents are nationals of separate countries, and

5610-412: The US outlying possessions as US nationals but not citizens. British nationality law defines six classes of British national, among which "British citizen" is one class (having the right of abode in the United Kingdom, along with some " British subjects "). Similarly, in the Republic of China , commonly known as Taiwan , the status of national without household registration applies to people who have

SECTION 50

#1732848053298

5720-464: The USSR and Yugoslavia. In the early years of the Soviet Union's existence, ethnicity was usually determined by the person's native language, and sometimes through religion or cultural factors, such as clothing. Children born after the revolution were categorized according to their parents' recorded ethnicities. Many of these ethnic groups are still recognized by modern Russia and other countries. Similarly,

5830-466: The United Nations supported the independence movement and sought solutions to bring about independence for South West Africa. On 27 October 1966, the United Nations revoked (GA resolution 2145 (XXI)) the trusteeship of South Africa over South West Africa. Britain did not accept the revocation by the United Nations, but admitted that South Africa had violated the terms of its administration. The revocation

5940-604: The United Nations, international actors, and South Africa focused on setting a timetable for Namibian independence. In 1986, the Restoration of South African Citizenship Act (No. 73) was passed repatriating those nationals who had lost their nationality when Bophuthatswana, Ciskei, Transkei, and Venda had been declared foreign states. Under provisions of the law, persons in those homelands could acquire nationality by birth, descent, naturalisation, or registration. To acquire nationality from birth one had to prove their affiliation to one of

6050-482: The applicability of South African law to Namibia. A constitution for Namibia was drafted and adopted on 9 February 1990. In 1991, the Citizenship Act was amended (No. 70) to remove marital status, and thus legitimacy, as a criterion for obtaining nationality. The new language stated that acquisition of nationality was based on having a South African parent. The last Apartheid law was abolished on 17 June 1991 and in November

6160-415: The authorities. They can also lose their nationality for committing serious crimes resulting in a sentence of more than one year, or crimes against the state or state security; for working for a foreign state or military without authorisation; for fraud, misrepresentation, or concealment in a naturalisation petition; in the event that naturalisation was granted contrary to current or previous legislation; or if

6270-524: The authority for managing their own internal and external affairs. The Nationalisation and Amnesty Act of 1932 confirmed that those who had become Union nationals on or after the Union and Nationality and Flags Act of 1927 was effective and those who became residents after the effective date in 1932, were Union nationals. In 1937, the Aliens Act was passed as a successor to the Quota Act. Under its terms anyone who

6380-417: The colony to a naturalized parent. The 1883 Act was amended in 1889 and 1906. In 1897 an Immigration Restriction Act was passed for Natal, which provided that persons who were not allowed to enter the country included those who were illiterate , paupers , physically or mentally unfit or had contagious diseases, unpardoned felons, and prostitutes. A similar act was passed for the Cape Colony in 1902. In 1909,

6490-403: The concept of full citizenship encompasses not only active political rights, but full civil rights and social rights . Historically, the most significant difference between a national and a citizen is that the citizen has the right to vote for elected officials, and the right to be elected. This distinction between full citizenship and other, lesser relationships goes back to antiquity. Until

6600-449: The consolidation and amendment of 22 August 1883. Under the 1883 Act, male foreigners could naturalise upon providing proof of good character and no record of conviction for serious crimes (or had been pardoned if he had a conviction) and taking an oath of allegiance. It also provided that foreign women who married a British subject of the colony, were considered to be a naturalized subject of the Cape Colony, as were minor children born within

6710-610: The country from which a person originated, rather than their nationality became the basis for exclusion. In 1931, passage of the Statute of Westminster limited the powers of the Parliament of the United Kingdom to legislate on behalf of its Dominions — Australia, Canada, the Irish Free State , Newfoundland , New Zealand, and South Africa — declaring them all to be equal, self-governing states, united by their allegiance to Britain, with

SECTION 60

#1732848053298

6820-594: The country. As the measures began to impact the economy, internal unrest and boycotts began. Finally bowing to internal rebellion and international pressure South Africa agreed to begin the process of dismantalling Apartheid and in December 1988, approved a plan for Namibian. In 1990, South Africa passed series of statutes regarding Namibia, they included Act 34 which recognized Namibia's independence, Act 74 which withdrew South African nationality from persons who gained Namibian nationality at independence, and Act 112 which modified

6930-464: The current era, persons native to Taiwan who hold passports of Republic of China are one example. Some countries (like Kuwait, the UAE, and Saudi Arabia) can also remove one's citizenship; the reasons for removal can be fraud and/or security issues. There are also people who are abandoned at birth and the parents' whereabouts are not known. Nationality law defines nationality and statelessness. Nationality

7040-459: The date the act became operable. It specifically included those persons who had previously been stateless as defined by the mandate. Under its terms, persons who had previously been British nationals, including their wives who had previously been British subjects, or persons who were born or legally domiciled the Union or in South West Africa were considered Union nationals. For those born after

7150-426: The decision and launched a legal challenge to the UN jurisdiction. In 1950, the International Court of Justice ruled against South Africa confirming the lawful administration under the United Nations. In 1948, the policy of Apartheid was instituted through various legislation , which has had a lasting impact on statelessness for many persons who were native or descended from South West Africans, as birth registration

7260-402: The effective date of the statue, nationality was derived at birth by being born in the territory to a father who was neither an enemy alien , prohibited immigrant, nor who had diplomatic immunity ; or born abroad to a father who was born in South Africa or South West Africa, or to a father who was naturalised as South African; and could only be acquired through a South African mother if the child

7370-452: The effective date, legitimacy was still required, and could only be derived by a child from a British father (one generation), who was natural-born or naturalised. It also provided that a married woman derived her nationality from her spouse, meaning if he was British, she was also, and if he was foreign, so was she. It stipulated that upon loss of nationality of a husband, a wife could declare that she wished to remain British. It allowed that if

7480-459: The government hosted the Convention for a Democratic South Africa aimed at drafting a new constitution Although negotiations broke down in 1992, they resumed in 1993 and produced an interim constitution by the end of November which defined the constitutional principles for citizenship and established voting rules for the 1994 elections. As part of ensuring suffrage and because of the failure to restore nationality and citizenship rights to persons in

7590-486: The guardians of minor children to decline being automatically naturalised with their husband or father. Shortfalls in military service again resulted in an amendment of the Citizenship Act (No. 43) in 1984, which modified the terms of the 1978 Act, indirectly making permanent residents liable to military service (even though this is not explicitly mentioned) by mandating automatic naturalisation after five years of ordinary residence. Between 1984 and 1988, negotiations between

7700-488: The homelands with constitutions, and by 1974, when Transkei opted for independence, denaturalization became embedded in the idea to grant independence to the homelands. In a bid for international recognition of each homeland gaining independence, nationality was extended to each Transkieian in 1976. International recognition was not forthcoming and a resolution of the United Nations General Assembly condemned

7810-468: The homelands, in 1993, the Restoration and Extension of South African Citizenship Act (No. 196) was passed. Under its terms, persons who had formerly had citizenship in the homelands could naturalise in South Africa. On 1 June 1994, South Africa rejoined the Commonwealth of Nations. The homelands were formally abolished 1994 and the final provisions of independence for the homelands were repealed in 1995 with

7920-440: The homelands, prove that they had been born in South Africa prior to the independence of the homeland, and prove that they had lost their South African nationality. If they had left their homeland, they also had to verify that they were permanent residents in South Africa. For nationality by descent, a person had to have been born in one of the homelands to a person who qualified for restoration of their nationality from birth, and be

8030-550: The last five-year period to naturalise as British subjects, and based acquisition of nationality on the relationship to the male head of the family. In 1911, at the Imperial Conference a decision was made to draft a common nationality code for use across the empire. Other than common law, there was no standard statutory law which applied for subjects throughout the realm, meaning different jurisdictions created their own legislation for local conditions, which often conflicted with

8140-560: The laws in other jurisdictions in the empire. Thus, a person who was naturalised in Canada, for example, would be considered a foreigner, rather than a British national, in Australia or South Africa. In South Africa, from 1860 in the Colony of Natal and from 1861 in the Cape Colony, foreign husbands who married British wives could naturalise based on their wife's residency in the colony. In Natal, however,

8250-409: The legal nationality as well as ethnicity with a national identity. Nationality is the status that allows a nation to grant rights to the subject and to impose obligations upon the subject. In most cases, no rights or obligations are automatically attached to this status, although the status is a necessary precondition for any rights and obligations created by the state. In European law, nationality

8360-512: The local framework for the administration of South West Africa by South Africa. It was ratified in 1921 and in 1923, the Council of the League of Nations adopted a resolution that the administrator of a mandate could not confer nationality upon the native inhabitants, leaving them stateless. This was not the case for white settlers and South Africa granted the status of British subject to Germans residing in

8470-476: The meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers a person's legal belonging to a nation state and is the common term used in international treaties when referring to members of a state; citizenship refers to the set of rights and duties a person has in that nation. Historically, South African citizenship existed as

8580-406: The mother's country claims all offspring of the mother's as their own nationals, but the father's country claims all offspring of the father's. Nationality, with its historical origins in allegiance to a sovereign monarch, was seen originally as a permanent, inherent, unchangeable condition, and later, when a change of allegiance was permitted, as a strictly exclusive relationship, so that becoming

8690-618: The nation for ten years. From 1717, a law limited the immigration of European women to Africa, increasing the likelihood of slave women becoming concubines or wives of white colonists. The governmental form changed again in 1805, and in 1809 the Kingdom of Holland adopted the Napoleonic Code with adaptations for Holland. When the French Empire annexed the Dutch kingdom in 1810, the full French code

8800-474: The national of any state despite possession of an emotional national identity. Another stateless situation arises when a person holds a travel document (passport) which recognizes the bearer as having the nationality of a "state" which is not internationally recognized, has no entry into the International Organization for Standardization's country list, is not a member of the United Nations, etc. In

8910-470: The nationality law classifies people with the same nationality on paper ( de jure ), the right conferred can be different according to the place of birth or residence, creating different de facto classes of nationality, sometimes with different passports as well. For example, although Chinese nationality law operates uniformly in China , including Hong Kong and Macau SARs, with all Chinese nationals classified

9020-414: The new Republic, South West Africans continued to be South African nationals. The South Africa Act 1962 provided that persons who had been British subjects by virtue of Union nationality were no longer British; however, transitional provisions gave persons until 1 January 1966 to register as British nationals under the British Nationality Act 1948 if they met the criteria for British registration. From 1962,

9130-557: The passage of a new Citizenship Act (No. 88). The overall nationality scheme did not change dramatically. It provided that prior legislation was repealed, nationality and citizenship were acquired through equal entitlement, dual nationality was accepted, and children who were stateless were granted nationality. The statute changed the discriminatory provisions of the 1993 Restoration Act, which required naturalisation, to automatically grant nationality and citizenship to those who had formerly held homeland citizenship. It also made minor changes to

9240-516: The point where citizenship is synonymous with nationality. However, nationality differs technically and legally from citizenship, which is a different legal relationship between a person and a country. The noun "national" can include both citizens and non-citizens. The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election . However, in most modern countries all nationals are citizens of

9350-520: The process of arbitrarily transferring nationality. South Africa ignored the international outcry, granting independence to Bophuthatswana in 1977, Venda in 1979, and Ciskei in 1981. Despite insistence that the homelands were independent, they remained financial dependents of the South African government. The action resulted in the Black population becoming stateless foreigners in South Africa with no rights, beyond those granted by their varied homelands. In 1973,

9460-400: The provisions of Chapter III, Section 12, foreign wives of British subjects automatically became British subjects upon marriage and British women who married foreign husbands automatically lost the status of British subject upon marriage. The Union Nationality and Flags Act, no. 40 of 1927 (passed on 11 November 1927 and in operation on 31 May 1928), specified that British subjects residing in

9570-461: The requirements for naturalisation and the oath of allegiance, but to naturalise, a foreigner still had to satisfy conditions that they were legal permanent residents, met specific residency requirements, and intended to continue to live in South Africa. Finally it established that persons could lose their nationality for committing certain crimes, for obtaining dual nationality or working for a foreign state or military without authorisation, for fraud in

9680-494: The right to a nationality: Nationals normally have the right to enter or return to the country they belong to. Passports are issued to nationals of a state, rather than only to citizens, because a passport is a travel document used to enter the country. However, nationals may not have the right of abode (the right to live permanently) in the countries that granted them passports. Conceptually citizenship and nationality are different dimensions of state membership. Citizenship

9790-496: The right to change his nationality", even though, by international custom and conventions, it is the right of each state to determine who its nationals are. Such determinations are part of nationality law . In some cases, determinations of nationality are also governed by public international law —for example, by treaties on statelessness or the European Convention on Nationality . The process of acquiring nationality

9900-506: The same under the nationality law, in reality local laws, in mainland and also in the SARs, govern the right of Chinese nationals in their respective territories which give vastly different rights, including different passports, to Chinese nationals according to their birthplace or residence place, effectively making a distinction between Chinese national of mainland China, Hong Kong or Macau, both domestically and internationally. The United Kingdom had

10010-513: The self-governing territories to continue regulating nationality in their jurisdictions, but also established an imperial nationality scheme for use throughout the realm. Under its terms, common law provisions were reiterated for natural-born persons born within the realm on or after the effective date. By using the word person , the statute nullified legitimacy requirements for jus soli nationals, meaning an illegitimate child could derive nationality from its mother. For those born abroad on or after

10120-509: The state the ability to intervene in businesses owned by foreign proprietors. At the end of World War II , South Africa made an official request to annex South West Africa . The request was denied by the United Nations , the successor to the League of Nations. Though there was strong opposition to incorporation among the native inhabitants of South West Africa, the South African government held

10230-412: The state, and full citizens are always nationals of the state. In international law , a " stateless person " is someone who is "not considered as a national by any state under the operation of its law". To address this, Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality", and "No one shall be arbitrarily deprived of his nationality nor denied

10340-504: The term nationalities of China refers to ethnic and cultural groups in China. Spain is one nation, made up of nationalities , which are not politically recognized as nations (state), but can be considered smaller nations within the Spanish nation. Spanish law recognizes the autonomous communities of Andalusia , Aragon , Balearic Islands , Canary Islands , Catalonia , Valencia , Galicia and

10450-430: The territories of the Union of South Africa and any child born in the territory on or after 1 June 1928, who was not an alien or barred immigrant, were considered both Union nationals and British subjects. Also eligible to be Union nationals were British subjects who lived in the Union territory continuously for two years; persons who were naturalized British subjects, not prohibited from immigration, and had continuously had

10560-566: The territory from 1924. In 1926, South Africa passed the British Nationality in the Union and Naturalisation and Status of Aliens Act . Under its terms, persons born in the territory, persons born abroad to a father who was a British subject, or persons born upon a British ship became British subjects. Additionally, persons who had resided or been employed by the Crown for an accumulated five years over an eight-year period, who were literate (in

10670-472: The territory to the British on 9 July 1915 and it was occupied by the South African military until the war ended. At the 1919 Peace Conference of Versailles , Britain made it clear that it did not want direct control in administering South West Africa . When the mandate system was proposed, Britain agreed to the proposal with the intent of substituting its administration to South Africa. The Treaty of Peace and South West Africa Mandate Act 49 of 1919 established

10780-581: The time of the Dutch Republic (1588–1795), belonging was based on birth in a Dutch city or province and could be acquired through marriage or application for admission. Its successor state, the Batavian Republic , established that inhabitants in Dutch territory could acquire nationality by birth, and citizenship if they were born in Batavian territory and remained there for two years, or if they lived within

10890-574: The wife or widow of a South African, whose marriage and residency had continued for at least two years in the immediate period prior to submitting an application. The complexity of requirements and basis on permanent residency, allowed very limited numbers of people to reacquire nationality. Organized campaigns in Europe and the United States called for economic sanctions against South Africa and urged multinational enterprises to withdraw from doing business in

11000-471: The word "nationality", rather than "ethnicity", is often used to refer to an ethnic group (a group of people who share a common ethnic identity, language, culture, lineage, history, and so forth). Individuals may also be considered nationals of groups with autonomous status that have ceded some power to a larger sovereign state. Nationality is also employed as a term for national identity , with some cases of identity politics and nationalism conflating

11110-419: Was declared to apply to Dutch territory. Under its terms nationality was acquired at birth through descent from a father. Married women were legally incapacitated, making them legal dependents, and the nationality of a husband was automatically bestowed upon a wife. While the Netherlands was attempting to regain its independence from France, Britain moved against Dutch overseas possessions, and formally acquired

11220-430: Was designed to supplement the 1913 Immigrants Regulation Act and established unlimited immigration from Commonwealth and Western European countries, but established maximum quotas for persons from other countries, like Russia and Eastern Europe. A further amendment to the Quota Act was adopted in 1933 which removed an exemption for skilled workers to take the literacy test. Under its terms, to prevent undesirable immigration,

11330-1112: Was illegal, South Africa remained opposed to Namibia's independence. In 1970, the Bantu Homelands Citizenship Act (No. 26, later the National States Citizenship Act and from 1978 the Black States Citizenship Act) was passed by the South African government. The purpose of these laws was to denaturalise all Black South Africans in the country and assign them to ethnically categorized zones, which would become independent, thereby forcing them into becoming nationals of those in homelands . The initial 1970 Act Section three did not immediately deprive Black people of South African nationality, but assigned them to live in ten specific territories — Bophuthatswana , Ciskei , Gazankulu , KaNgwane , KwaNdebele , KwaZulu , Lebowa , QwaQwa , Transkei , and Venda — by birth, cultural affiliation, or domicile , disregarding current residence. An amendment in 1971 presented

11440-496: Was illegitimate. Commonwealth citizens were allowed to obtain nationality through registration after a cumulative residency of four years over a six-year period. Naturalisation required a literacy in a language of the Union, evidence of no confinement for offences or mental illness, and proof of a cumulative residency of five years over a seven-year period. Wives of South Africans who were lawful residents for three years were able to naturalise. Women gained independent nationality under

11550-435: Was immediately deprived of their residency permit. The Citizenship Act was amended (No. 30) in 1980 to make permanent denationalisations of some South Africans. In 1981, nationality statutes were amended (Act No. 95) to grant South African nationality to the illegitimate children of mothers who were not prohibited immigrants and had established permanent residency, if the child was adopted by a South African and to allow wives and

11660-499: Was not adopted until 1838, the law in place at acquisition in 1814 was the Napoleonic Code , meaning that nationality was defined by the relationship of a child or wife to their father or husband. In 1807, Britain abolished the slave trade throughout its realm, but did not ban slavery in its territories. In 1817, Charles Henry Somerset , the Governor General of the Cape of Good Hope, issued a decree that foreigners could be granted

11770-483: Was not born as a British subject or Union national was considered foreign and subject to obtaining a residence permit. It established a set of racial categories, which included Asians, Blacks and Jews, who were prohibited immigrants. The Aliens Act was amended in 1939 by the Aliens and Immigration Bill which denied immigration for anyone who had Jewish parents and provided for deportation of undesirable foreigners as well as gave

11880-582: Was not mandatory or routine. On 1 January 1949, South Africa became an independent country within the British Commonwealth of Nations . In 1949, South Africa promulgated the Citizenship Act 44, which automatically conferred Union nationality, in Sections 2 and 5 upon persons born or descended from South Africans, and in Section 2.2, upon the inhabitants who had been born in South West Africa on 2 September 1949,

11990-405: Was passed in 1913, which prohibited migrant workers who originated north of the 22nd parallel south and established the basis for racial segregation , with only white persons able to immigrate. In effect, the law began the series of policies which would make native Africans non-citizen nationals of their country. The British Nationality and Status of Aliens Act 1914 allowed local jurisdictions in

12100-560: Was upheld by the International Court of Justice. On 19 May 1967, the United Nations General Assembly passed resolution 2248 establishing administration for the territory by the United Nations Council for South West Africa and the following year officially renamed the territory Namibia. Despite international pressure and a ruling by the International Court of Justice in 1971 that South Africa's continuing occupation of Namibia

#297702