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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:On citizenship and residence rights: taking words seriously
Author:Budlender, Geoff
Periodical:South African Journal on Human Rights
Geographic terms:South Africa
External link:https://doi.org/10.1080/02587203.1989.11827759
Abstract:Perhaps the most significant consequence of the independence of Transkei, Ciskei, Venda and Bophuthatswana (the TBVC countries) has been its impact on the people deemed to be citizens of those territories. This article analyses the case Tshwete v Minister of Home Affairs (1988), a case which has far-reaching implications for the right to live in the country of one's birth and the right of return to it. The applicant in Tshwete was a South African by birth, who on 4 December 1981 became a citizen of the Republic of Ciskei and ceased to be a South African citizen by virtue of the Status of Ciskei Act. Relying on the 'savings' provision in s 6(3) of this Act, he applied to court for an order to the effect that he had the right to be permanently resident in South Africa without any permit or exemption, and the right to enter South Africa without a visa. The conclusion of this complicated case, that led to a majority judgment and two minority judgments, was that the only way in which the citizens of the TBVC countries can claim a right of permanent residence in South Africa is by relying on s 12 of the Aliens Act. Notes, ref.