| (1) | For the purposes of this Act, unless clearly inconsistent with the provisions of this Act— |
| (a) | any reference in this Act to entrance into the Republic, to permanent residence in the Republic, to any period of residence or ordinary residence in the Republic or to any period of absence from the Republic, shall be construed to include any entrance into, residence in or absence from the Republic of South Africa or any of the former states as they had existed immediately prior to the commencement of the Constitution; |
| (b) | the expressions "in the Republic" and "outside the Republic" shall be construed as if the former states were part of the former Republic of South Africa, whenever it has to be determined whether any event or action which occurred or took place prior to the commencement of the Constitution, occurred or took place in or outside the Republic; |
| (c) | the expression "Government of the Republic" shall be construed to include the governments of the former states whenever it has to be determined if a person was in the service of the Government of the Republic prior to the commencement of the Constitution. |
| (2) | For the purposes of this Act— |
| (a) | a person born aboard a registered ship or aircraft shall be deemed to have been born at the place where the ship or aircraft is registered, and a person born aboard an unregistered ship or aircraft belonging to the Government of any country shall be deemed to have been born in that country; |
| (i) | to whom an exemption from compliance with visa requirements in terms of section 10A of the Immigration Act, has been granted unconditionally and for an unspecified period in terms of section 10A(4)(a) of that Act, whether as an individual or as a member of a category of persons; or |
| (ii) | to whom an exemption has been granted in terms of section 321(3)(a) of the Immigration Act, |
and who entered the Republic or is in the Republic for purposes of permanent residence, shall be deemed to be or have been lawfully admitted to the Republic for permanent residence therein, or permanently and lawfully residing in the Republic.
| (3) | For the purposes of this Act— |
| (a) | a customary marriage and marriage concluded in terms of the laws of a foreign country shall be union shall be recognised by the Minister, if the Minister is satisfied, upon information submitted to him or her in the prescribed form by the applicant and such other person alleged to be the applicant's spouse in the marriage concerned, that the applicant is in fact a spouse in the said marriage; and |
| (b) | the Minister may, in addition to any information submitted in terms of paragraph (a) or to clarify any information so submitted, call for further information to be submitted to him or her, or may call upon any person to appear before him or her and require or allow such person to give such oral information or produce such other information as in the opinion of the Minister may assist him or her in deciding the matter in question. |
[Section 1A amended by section 1 of Act No. 17 of 2010]
