Part 7 (1/2)
(_d_) The person desiring to be naturalized shall, before the official granting of the letters of naturalization, take the following oath, by which he will be understood to renounce and give up all burgher rights enjoyed in and burgher duties and subjection to any State or ruler:
”I swear (or I solemnly declare that the taking of an oath is not permitted by my religion, and promise), faithfully in all righteousness, and in terms of Law No. ____, of 1899, with which I declare to be acquainted, that I shall be loyal to this State, shall honour and support its independence, shall subject myself to the Grondwet and the lawful authorities of the land, and shall in all respects conduct myself as it behooves a loyal burgher of this State. So truly help me G.o.d--or that I solemnly promise.”
Before a person who has already been naturalized is admitted to the full franchise, he shall, when he makes application therefor, besides fulfilling the other requirements of this Law, again produce proof of fulfilment of the provisions and enactments of Sections _a_, _b_ and _c_.
No person shall be ent.i.tled to or be allowed to obtain letters of naturalization or full franchise unless he has fulfilled the aforementioned provisions, with the exception of cases for which this or any other Law makes special provision.
ARTICLE 2.--Each person who comes or has come to the South African Republic to stay shall, after at least two years, and after fulfillment of the provisions of Article 1, be able to obtain letters of naturalization, and shall, at least five years after naturalization, be able to obtain the full franchise, provided that in both instances, six months before the expiration of the fixed period, he gives written notice of his intention to apply therefor to the State Secretary through the Field-Cornet and Landrost of his ward and district.
The Field-Cornet shall be bound, under pain of a fine of not more than 10 in each case of neglect, to send this notice to the State Secretary through the Landrost as soon as possible, and at the most within thirty days of the sending in thereof, for publication in the _Staats Courant_ for general information, and the State Secretary shall without loss of time publish such notice three consecutive times in the _Staats Courant_.
ARTICLE 3.--Each person who comes or has come into the South African Republic to stay shall, at least seven years after sending in to the Field-Cornet a notice of his intention to be naturalized, in accordance with the form contained in Schedule A, be able to obtain letters of naturalization with the full franchise on fulfilling the provisions of Article 1.
Such notice shall be sent by the Field-Cornet to the State Secretary and be published by him, all under the same provision and punishment as set forth in the foregoing article.
If the person desires to obtain letters of naturalization with full franchise after seven years, he shall also, at least six months before the expiration of the period, give written notice to the State Secretary, the Field-Cornet and Landrost of his ward and district.
This notice shall also be sent to the State Secretary by the Field-Cornet, and the latter shall publish it in the _Staats Courant_, all under the same provision and punishment as set forth in Article 2.
The applicant shall then, on application for the letters of naturalization with full franchise, further give proof that he has sent in the notice, in accordance with the form of Schedule A, mentioned in the first paragraph of this article, for proof of which it will be sufficient to produce a copy of the _Staats Courant_ in which the notice was published.
ARTICLE 4.--Each person who has come to the South African Republic to stay before the coming into force of this Law shall, on fulfilment of the provisions of Article 1, be able to obtain letters of naturalization at least seven years after his coming into the country.
In case the applicant is not ent.i.tled to the full franchise six months after the coming into force of this Law, he shall give proof that he, within six months after the coming into force of the Law sent to the Field-Cornet of his ward a written notice of his intention to become naturalized.
If he neglect to send in this notice, in accordance with the form contained in Schedule A, or if he does not produce the certificate mentioned in Article 1, Section _a_, the applicant shall not be ent.i.tled to the full franchise in terms of this Article, but only in terms of Articles 2 and 3.
Such notice shall be sent by the Field-Cornet to the State Secretary, and the latter shall publish the same in the _Staats Courant_, all under the same provisions and punishment as set forth in Article 2.
If he is naturalized after this Law comes into force, he may obtain the full franchise after five years from the date of his naturalization, and, if he chooses, in accordance with the provisions of paragraph 1 of this Article.
ARTICLE 5.--Nothing provided in this Law shall prevent the Executive Council from granting letters of naturalization with or without the full franchise to persons who take a position in the service of the country, or have rendered services to the country, or who have in any other respect rendered themselves of service to the country, although in their case they have not fulfilled the provisions of the Law provided that they take the oath in accordance with Article 1.
ARTICLE 6.--Youths not born in the State, and whose fathers have obtained letters of naturalization or full franchise before they (the youth) had reached the age of sixteen years, have the same franchise as their father.
Youths born in this State, whose fathers were neither naturalized nor had the full franchise, may be naturalized at their sixteenth year by taking the oath mentioned in Article 1, and may, five years after that, obtain the full franchise by fulfilling the provisions mentioned in Article 1, Sections _a_ and _b_. They shall also, on their sixteenth year, by giving notice as contained in Schedule A, be able to obtain the full franchise five years thereafter, on fulfillment of the provisions contained in Article 1, Sections _a_, _b_ and _d_.
ARTICLE 7.--The application for naturalization and the full franchise must be sent with the necessary proofs to the State Secretary by the Field-Cornet, through the Landrost, and the latter shall refer these to the State Attorney, who shall send them back to the State Secretary with his advice. If the State Secretary and State Attorney have no legal objection to the granting of the letter of naturalization or full franchise, then this shall be granted. If there is any objection, the Executive Council shall decide.
The letters of naturalization and full franchise shall be signed by the State Secretary and State Attorney. The State Secretary shall cause the letters of naturalization and full franchise to be granted by an official appointed for that purpose, and cause the necessary oath of naturalization to be taken before this official.
The letters of naturalization shall bear a stamp of 2 sterling; the granting of the full franchise to persons who are already naturalized shall be free of cost.
ARTICLE 8.--No person who is not considered as a white inhabitant of the South African Republic shall obtain the franchise, in accordance with Article 9 of the Grondwet.
ARTICLE 9.--All laws and provisions, in so far as they are in conflict with this Law, are hereby repealed.