Research Articles (Faculty of Law)

Permanent URI for this collection

https://hdl.handle.net/10566/219

Browse

Browsing by Subject "Administrative law"

Now showing 1 - 2 of 2
  • Thumbnail Image
    Item
    ‘Citizenship by naturalisation: Are Regulations 3(2)(b) and (c) to the South African Citizenship Act 88 of 1985 invalid?’
    (Juta, 2021) Moosa, Fareed
    This article argues that regulation 3(2)(b), read with regulation 3(2)(c), issued pursuant to section 23(f) of the South African Citizenship Act 88 of 1995 (“1995 Act”), is invalid and ought to be set aside on judicial review. It is argued that they are inconsistent with sections 5(1)(c), (2), (5) and (9)(a) of the 1995 Act. This article shows that, whereas regulation 3(2)(b) requires a foreigner seeking citizenship to be physically present in South Africa and not be absent from the Republic for more than 90 days in each of the five years preceding the date of application for citizenship, no such physical presence requirement is contained in section 5(1)(c), or in section 5 of the 1995 Act in general, if read holistically. Section 5(1)(c) merely requires that an aspirant citizen be ordinarily resident in South Africa for five continuous years immediately preceding the lodgement of an application for citizenship. In the context of section 5(1)(c), the term “ordinarily resident” is interpreted as not requiring a physical presence in South Africa for any period of time during a calendar year. Rather, it merely requires that a foreigner must have sufficiently strong ties to South Africa to support a finding that his real home is there. Therefore, it is hypothesised that the Minister of Home Affairs acted ultra vires the 1995 Act when he issued regulations 3(2)(b) and (c).
  • Thumbnail Image
    Item
    Confronting apartheid. A personal history of South Africa, Namibia and Palestine, John Dugard
    (Juta, 2021) Davis, Dennis
    John Dugard is a household name in the law of South Africa. Perhaps even before that, but certainly since his inaugural lecture was published fully 50 years ago (see 'The judicial process, positivism and civil liberty' (1971) 88 SALJ 181), no one even passingly concerned about the rule of law and the administration of justice in this country could have failed to note Dugard's challenging stance. This lecture is discussed in the book and it deserves such treatment in that it was a remarkably brave and intellectually incisive article. It was delivered at the height of apartheid, and in an atmosphere of great hostility to the few public critics of the regime It carved out a theory of adjudication which at that time was being developed in similar fashion by Ronald Dworkin in his Taking Rights Seriously. In itself, this illustrates the cutting-edge nature of Dugard's scholarship. From his vantage point at the Law Faculty of Wits University, and with an occasional foray into the courts as an advocate, John Dugard raised vital questions about the relationship between law and justice under apartheid, most comprehensively and devastatingly catalogued in his Human Rights and the South African Legal Order (1978), tellingly published by Princeton