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The Bantu Homelands Citizenship Act, 1970 (Act No. 26 of 1970; subsequently renamed the Black States Citizenship Act, 1970 and the National States Citizenship Act, 1970) was a Self Determination or denaturalization law passed during the
apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
era of
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
that allocated various tribes/nations of
black South African Racial groups in South Africa have a variety of origins. The Race (classification of human beings), racial categories introduced by Apartheid remain ingrained in South African society with South Africans and the South African government contin ...
s as
citizens Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
of their traditional black tribal "homelands," or
Bantustan A Bantustan (also known as Bantu homeland, black homeland, black state or simply homeland; ) was a territory that the National Party administration of South Africa set aside for black inhabitants of South Africa and South West Africa (now N ...
s.


Content of the Act

The following is a brief description of the sections of the Bantu Homelands Citizenship Act of 1970:


Definitions and interpretation

;Section 1 Defines the explanations of keywords in the Act. ;Section 2.1 Defines that there is a citizenship for every homeland or self-governing territory. ;Section 2.2 Defines that every Black person in the Republic, if not already classified to a homeland or self-governing territory, shall be a citizen of one of theses homelands or self-governing territory. ;Section 2.3 Defines that a person classified to a particular homeland or self-governing territory has the right to vote there. ;Section 2.4 Defines that even though a person is a citizen of a particular homeland or self-governing territory, they were still a citizen of the Republic in relation to international law. ;Section 2.5 Defines that duties, obligation or responsibilities of a person classified to a homeland or self-governing territory are not relieved of except what is described by the Act. ;Section 3 Defines the citizenship procedures of a Black person is currently in a homeland or self-governing territory. ;Section 4 Defines the loss of citizenship of one homeland or self-governing territory if they become a citizen of another. ;Section 5 Defines that a Black people in a homeland or self-governing territory shall be entitled to a citizenship certificate. ;Section 6 Defines that the certificate would be issued to any Black person who is a citizen of a homeland or self-governing territory, a provisional certificate issue if a full cant be issued immediately and that requirements be made known by what ever means to Black people in the Republic ;Section 7 Defines the forms, photographs, and information required to be issued a certificate as well as what homeland or self-governing territory they belonged too. ;Section 8 Defines the need for two photographs for certificate to be issued, one of which would remain with the records officer. ;Section 9 Defines the rights of a Black person to object to the Minster's officer if he believes his citizenship has been misclassified as could a territories authority to a Black persons classification. The Minister's officers final decision was binding except if it was appealed to a Minister and was changed. ;Section 10.1 Defines the penalties, fines or imprisonment for using someone else's certificate as ones own; not keeping it safe from others; forges or alters it; having a forgery or alteration; prints or produces a document; issues a document without authority; incorrect records information and make false statements. ;Section 10.2 Defines the rights, after conviction of person for offence under section 10(1)(b and d), to confiscate the instruments uses to forge and reproduce a document or citizenship certificate, except in the case where the owner of those instruments did not know what they were being used for. ;Section 10.3 Defines what sections of Criminal Procedures Act applies to confiscations detailed in section 10(2)(b). ;Section 11.1 Defines the power of the State President to make regulations that are required by the Act, including the issuance of certificates, taking of fingerprints, issuing duplicate certificates, fees payable and transmission of records to the Black Reference Bureau, provisional certificate or documents, size of photographs and anything else to obtain the objectives of the Act ;Section 11.2 Defines that the powers conferred in section 11(1)(h) are not limited by the other paragraphs of this section ;Section 11.3 Defines that different regulations may made from one Black population group, etc, to the next. ;Section 11.4 Defines the penalties, fines or imprisonment for contravening or failing to comply with the said regulations ;Section 12 Defines the amendment of section 13(1) of the Population Registration Act 30 of 1950 with the text of this section. ;Section 13 Defines the amendment of section 14(1) of the Population Registration Act 30 of 1950 with the text of this section, rights and duties of a peace officer to have a person furnish them with their full name and address. ;Section 14 Defines that section 7 of the Bantu Authorities Act 68 of 1951 be amended with the removal and addition of the word "and" at the end of (f) and (g) and the addition of a new section (h), which defines the ability to issue certificates of citizenship. ;Section 15 Defines that section 11 of the Bantu (Abolition of Passes and Co-ordination of Documents) Act 67 of 1952 be substituted with the text of this section, which defines the establishment of a Bantu Reference Bureau. ;Section 16 Defines that section 8 of the Transkei Constitution Act 48 of 1963 be substituted with the text of this section, defining the loss of citizenship if the citizen of the Transkei becomes a citizen of another country or Homeland. ;Section 17 Defines the name of the Act.


Repealed

The act was repealed on 27 April 1994 by the
Interim Constitution of South Africa The Interim Constitution was the fundamental law of South Africa from the first non-racial general election on 27 April 1994 until it was superseded by the final constitution on 4 February 1997. As a transitional constitution it required th ...
.


Reference


External links


African History: Apartheid Legislation in South Africa


See also

*
Citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
*
Bantustan A Bantustan (also known as Bantu homeland, black homeland, black state or simply homeland; ) was a territory that the National Party administration of South Africa set aside for black inhabitants of South Africa and South West Africa (now N ...
* Promotion of Bantu Self-Government Act *
History of South African Nationality South African citizenship has been influenced primarily by the racial dynamics that have structured South African society throughout its development. The country's colonial history led to the immigration (or importation) of different racial and ...
{{Apartheid legislation navbox 1970 in South African law Apartheid laws in South Africa 1970 in international relations