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BRIEFLY EXPLAIN THE LEGISLATIVE HISTORY OF SOUTH AFRICAN CITIZENSHIP LAW

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Answer:

The Republic of South Africa rewrote its nationality law after the end of apartheid in 1994 and the establishment of majority rule in the country under the newly elected African National Congress. The 1995 South African Citizenship Act revoked the previous Union of South Africa Act of 1949 and apartheid-era 1970 Act, the 1970 Act had established separate bantustan citizenship to the country's African majority and inferior levels of citizenship to the country's Asian and colored minorities.

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South Africa's bicameral Parliament is the legislative branch of the country's government. It is composed of two houses:

  • the National Assembly (lower house), and:
  • the National Council of Provinces (upper house).

The National Assembly is made up of 400 members who are chosen by public election using a parliamentary system based on party lists. Exactly half of the delegates are chosen from provincial party lists, while the other half are chosen from national party lists. The delegates of the General Assembly elect the President. The President steps down as a member of Parliament after being elected and nominates a Cabinet of Ministers from the delegates.

The important part of the history of the South African Citizenship law originates from the hybrid legal system which comprises two formal legal parties existing in harmony in conjunction with the national legal system.

To put it another way, The history of South Africa citizenship law promotes legal diversity.

The laws of the South African legal system are based on:

  • the civil law of the Dutch-Roman variant, and;
  • the common law of the English immigrants.

In today's world, private law issues like contract and family law, as well as criminal law, are governed by Dutch Roman variation laws.

The laws of evidence are governed by English common law.

Apart from the two legal systems mentioned above, South Africa has one more customary law that governs the personal laws of the bulk of the Black African population, particularly for those living in rural areas.

In conclusion, we have seen how the history of the legislative parliament have an impact on the South African Citizenship Law.

Learn more about HISTORY OF SOUTH AFRICAN here:

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