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The most direct use of section 21 rights in constitutional litigation was in Geuking v President, wherein it was contended that section 21(3)'s right to "remain in" South Africa must be considered when the state assents to the extradition of a citizen under the Extradition Act 67, 1962; however, the court rejected that contention.
Section 21: freedom of movement, including the right to leave South Africa, the right of citizens to a passport and the right to enter South Africa. Section 22: the right to choose a trade, occupation or profession, although these may be regulated by law. Section 23: labour rights, including the right to unionise and the right to strike.
South Africa is generally considered to have had five constitutional documents since the Union was established in 1910, including the current one. The constitutions in chronological order are: South Africa Act 1909; Constitution of South Africa, 1961 (also known as the "Republican Constitution")
Immigration Quota Act, 1930: 9: South West Africa Railways and Harbours (Amendment) Act, 1930: 10: Wheat Importation Restriction Act, 1930: 11: University of South Africa (Amendment) Act, 1930: 12: Railways and Harbours Additional Appropriation (1929–1930) Act, 1930: 13: University of Pretoria (Private) Act, 1930: 14: Appropriation (Part) Act ...
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, the date the act became operable.
A foreigner who remains in South Africa beyond the expiry of his/her visa and has not applied for a valid status is an illegal foreigner in terms of the South African Immigration Act. [23] An overstayer will upon departure be declared an undesirable person in terms of section 30(1)(f) of the Immigration Act.
South Africa's nine provinces each produce a number of statutes a year, in areas for which they have either concurrent, or exclusive, legislative competence under section 104 of the Constitution of the Republic of South Africa Act, 1996. (See Schedule 4 of the Constitution for a list of the functions areas in respect of which a province may ...
Parliament of South Africa: Enacted: 14 December 2005: Assented to: 22 December 2005: Commenced: 1 March 2006: Legislative history; Bill title: Constitution Twelfth Amendment Bill: Bill citation: B33B—2005: Introduced by: Brigitte Mabandla, Minister of Justice and Constitutional Development: Introduced: 30 September 2005: Amends; Constitution ...