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Passage Based Questions: Legal Aptitude - 21 | Passage Based Questions for CLAT Preparation PDF Download

Direction: Read the passage carefully and answer the given questions.
The Constitutional Court of South Africa recently (July 2020) reinterpreted the country's Citizenship Amendment Act of 2010, which had drastically changed the definition of 'citizenship by descent', by holding that persons born in other countries, before or after the commencement of the Amendment Act, are entitled to South African citizenship as long as one of their parents is South African.
The 2010 Amendment drastically changed the definition of Citizenship by Descent. The applicants, who challenged these provisions are having one of their parents as a South African citizen at the time of their birth (they were born before 2010 amendment came into force). They contended that by not including a provision which retains the citizenship of those who acquired citizenship by descent in terms of 1995 Act, the section 2(1) of the amended Citizenship Act has the effect of stripping those individuals of their South African citizenship.
Before its amendment in 2010, a person could acquire citizenship by descent in the following ways: First, if they were a citizen by descent immediately prior to the commencement of the 1995 Citizenship Act, they would remain so. Secondly, a person could acquire citizenship by descent if they were born outside of South Africa and one of their parents was a South African citizen and their birth was registered. Thirdly, if a person was born outside of South Africa and one of their parents had resumed South African citizenship and they had entered South Africa to reside in the country permanently, that person would be a citizen by descent. Fourthly, a person would acquire citizenship by descent if they were born outside of South Africa and they had subsequently been adopted by a South African citizen in terms of the Child Care Act and their birth was registered.
By the amendment Act of 2010, Section 3, which dealt with citizenship by descent was altered and the meaning of "citizen by descent" was modified to apply to only those who have been adopted in terms of the Children's Act by a South African citizen.
Section 2, which dealt with 'citizen by birth' was also amended to read (1) Any person— (a) who immediately prior to the date of commencement of the South African Citizenship Amendment Act, 2010, was a South African citizen by birth.

Question for Passage Based Questions: Legal Aptitude - 21
Try yourself:A is an individual born in Kenya in the year 1991 to a Kenyan father and a South African mother who had fled the country in 1960’s when discrimination on basis of color was quite prevalent. Due to this reason her original details etc were never recorded in the official documents of her native country. However by the end of 1990’s the situation there improved and now her mother wanted that her new born son be made a citizen of South Africa because of better economic prospects available there. They apply for the citizenship of the new born, discuss if they would be entitled to citizenship or not.
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Question for Passage Based Questions: Legal Aptitude - 21
Try yourself:X and Y were both born in South Africa but had fled the country because of the civil was that had ensued in the 20th century because of racial discrimination. However the love of their homeland called them back and they entered South Africa once again the situation got normal intending to stay there permanently. Just as they were about to enter the South African territory a daughter was born to the couple at a place which was under the sovereignty of Namibia. However the parents apply for South African citizenship of their daughter. Determine if the daughter would be given the citizenship.
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Question for Passage Based Questions: Legal Aptitude - 21
Try yourself:In the year 2011, James who was a citizen of Mozambique married a South African girl named Lilly. Subsequently a daughter was born to the couple. However because of the riots that happened in Mozambique, James and family fled to Johannesburg (South Africa) and wanted to apply for citizenship of their daughter in South Africa. They apply for the citizenship in the year 2013 for which the authority must decide within 90 days of the application. Discuss if citizenship could be granted.
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Question for Passage Based Questions: Legal Aptitude - 21
Try yourself:Jason was an individual born to West Indian couple of Lara’s. During their voyage around the African continent, the cruise they were sailing on met with a tragedy and Jason washed ashore the port of Cape town where he was picked up by Pollock (a South African citizen). At that time Jason was a toddler and Pollock thought of adopting him as his son. For this he got his birth registered and subsequently applied to the appropriate authorities for his adoption and subsequent citizenship. Now discuss what should the authorities do.
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Question for Passage Based Questions: Legal Aptitude - 21
Try yourself:According to the passage provided above what is the major issue because of which the South African Apex Court had to contain the 2010 Amendment on Citizenship.
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