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    Domicile Act3of1992

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    jashlof

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    Domicile Act3of1992

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    jashlof
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    Domicile Act3of1992

    Uploaded by

    jashlof

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    © All Rights Reserved
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    Please note that most Acts are published in English and another South African official language.

    Currently we only have


    capacity to publish the English versions. This means that this document will only contain even numbered pages as the
    other language is printed on uneven numbered pages.

    REPUBLIEK:VAN SUID~·AFRIKA

    STAATSKOERANT

    GOVERNMENT_·.-G:AZETTE
    • • ' • ' ' ' I . • ' '

    OF THE-REPUBLIC OF,SOUTH AFRtCA···

    As 'n Nuusblad by die Pos~a.ntoor Geregisireer. · • • -•


    · ·. , >·Regfste"red
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    at the:
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    as ti Newspaper
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    R0,80 Prys • Price


    R0,08 Plus 10% BTW • VAT
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    KA~PSTAD, 11 MAART 1992


    VoL. 321 No. 13817
    CAPE TOWN, 11 M~RCH 1992

    KANTOOR VAN DIE STAATSPRESIDENT STATE PRESIDENT'S OFFICE

    No. 769. 11 Maart 1992 No. 769. 11 March 1992


    Hierby word bekend gemaak dat die Staatspresident It is hereby notified that the State President has as-
    sy goedkeuring geheg bet aan die onderstaande Wet wat sented to the following Act which is hereby published for
    hierby ter algemene inligting gcpubliseer word:- general information:-
    No. 3 van 1992: Wet op Domisilie, 1992. No. 3 of 1992: Domicile Act, 1992.
    GOVERNMENT GAZETTE, 11 MARCH 1992 No. 13817 3

    DOMICILE ACT, 1992 Act No.3, 1992

    GENERAL EXPLANATORY NOTE:


    Words underlined with a solid line indicate insertions in
    existing enactments.

    ACT
    To amend the law of domicile; and to provide for matters connected therewith.

    (Afrikaans text signed by the State President.)


    (Assented to 3 March 1992.)

    BE ITof South
    ENACTED by the State President and the Parliament of the Republic
    Africa, as follows:-

    Domicile of choice

    I. (1) Every person who is of or over the age of 18 years, and every person
    5 under the age of 18 years who by law has the status of a major, excluding any
    person who does not have the mental capacity to make a rational choice, shall
    be competent to acquire a domicile of choice, regardless of such a person's sex
    or marital status.
    (2) A domicile of choice shall be acquired by a person when he is lawfully
    10 present at a particular place and has the intention to settle there for an indefinite
    period.

    Domicile of person who cannot acquire domicile of choice

    2. (1) A person not capable of acquiring a domicile of choice as contemplated


    in section 1 shall be domiciled at the place with which he .is most closely
    15 connected.
    (2) If, in the normal course of events, a child has his home with his parents or
    with one of them, it shall be presumed, unless the contrary is shown, that the
    parental home concerned is the child's domicile.
    (3) In this section-
    20 "child" means any person under the age of 18 years, excluding such a person
    who by law has the status of a major;
    "parents" includes the adoptive parents of a child and the parents of a child
    who are not married to each other.

    Succession of domicile

    25 3. (1) No person shall lose his domicile until he has acquired another domicile,
    whether by choice or by operation of law.
    (2) Notwithstanding any law or the common law, no person's domicile of
    origin shall revive except within the meaning of section 1 or 2.

    Application of choice of law rules in certain cases

    30 4. If a court, in the application of the choice of law rules, finds that a question
    before the court should be decided in accordance with the law of a foreign state
    or territory on account of someone's domicile in that state or territory, the court
    GOVERNMENT GAZETTE, 11 MARCH 1992 No. 13817 5

    DOMICILE ACT, 1992 Act No. 3, 1992

    shall decide that question in accordance with that law, even though a court of
    that state or territory, in the application of the choice of law rules, would have
    found the South African law or any other law to be applicable with respect to the
    question concerned.

    5 Standard of proof for acquisition or loss of domicile

    5. The acquisition or loss of a person's domicile shall be determined by a court


    on a balance of probabilities.

    Amendment of section 2 of Act 70 of 1979

    6. Section 2 of the Divorce Act, 1979, is hereby amended-


    10 (a) by the substitution for subsection (1) of the following subsection:
    "(1) A court shall have "urisdiction in a divorce action if the
    parties are or either of the parties is-
    (a) domiciled in the area of jurisdiction of the court on the date
    on which the action is instituted; or
    15 (b) ordinarily resident in the area of jurisdiction of the court on
    the said date and have or has been ordinarily resident in the
    Republic for a period of not less than one year immediately
    prior to that date.";
    (b) by the substitution in subsection (2) for the expression "subsection
    20 (1)(b)" of the expression "subsection (1)"; and
    (c) by the substitution for subsection (3) of the following subsection:
    "(3) A court which has jurisdiction in terms of this section in a
    case where the parties are or either of the parties is not domiciled
    in the Republic shall determine any issue in accordance with the
    25 law which would have been applicable had the parties been
    domiciled in the area of jurisdiction of the court concerned on the
    date on which the divorce action was instituted.".

    Substitution of section 13 of Act 70 of 1979

    7. The following section is hereby substituted for section 13 of the Divorce


    30 Act, 1979:

    "Recognition of certain foreign divorce orders

    13. The validit of a divorce order or an order for the annulment of


    a marriage or for judicial separation granted in a court of a foreign
    country or territory shall be recognized by a court in the Republic if,
    35 on the date on which the order was granted, either party to the
    marriage-
    (a) was domiciled in the country or territory concerned, whether
    according to South African law or according to the law of that
    country or territory;
    40 (b) was ordinarily resident in that country or territory; or
    (c) was a national of that country or territory.".

    Savings

    8. (1) This Act shall apply subject to the Aliens Control Act, 1991 (Act No.
    96 of 1991).
    45 (2) This Act shall not affect-
    (a) any right, capacity, obligation or liability acquired, accrued or incurred
    by virtue of the domicile which a person had at any time prior to the
    commencement of this Act;
    (b) the legality of any act performed before that commencement.
    50 (3) Any proceedings pending in a court of law at the commencement of this
    Act shall be proceeded with and finalized as if this Act had not been passed.
    GOVERNMENT GAZETTE, 11 MARCH 1992 No. 13817 7

    DOMICILE ACT, 1992 Act No. 3, 1992

    Short title and commencement

    9. This Act shall be called the Domicile Act, 1992, and shall come into
    operation on a date fixed by the State President by proclamation in the Gazette.

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