The 1995 Citizenship Act provides at section 1A(1)(b) that: 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. Additional research may be necessary for elderly clients to establish a client's claim to citizenship through parents or grandparents. The 1949 Act provides that a person born in the Union of South Africa prior to 1949 who was or is deemed to have been a Union national shall be a South African citizen.46 Prior to 1949, the South African Nationality and Flags Act of 1927 was in force. This Act created South African citizenship as a category, but South African nationals at that time were also British nationals and the new national flag was flown next to the Union Jack.47 Suggested reading: • 43 44 45 46 47 For an in-depth analysis and history of South African citizenship law, see Jonathan Klaaren’s chapter ‘PostApartheid Citizenship in South Africa’ in DB Klusmeyer & TA Aleinikoff (eds) From Migrants to Citizens: Membership in a Changing World (2000). Legal framework on nationality and statelessness in South Africa ‘TBVC’ states) were technically given autonomy and selfgovernance.43 Some of these persons were entitled in terms of the Restoration of South African Citizenship Act 73 of 1986 to regain their citizenship but due to major complications, many people were left out.44 The Restoration and Extension of South African Citizenship Act 196 of 1993 restored the citizenship of many TBVC citizens. The Black States Citizenship Act was repealed on 27 April 1994 by the Interim Constitution of South Africa.45 However, despite all of these efforts to restore a common citizenship, some homeland legislation remained in place and continued to be enforced, such as the Citizenship of Transkei Act of 1976. Only with the coming into force of the 1995 Citizenship Act did all such legislation get finally repealed. About.com ‘Apartheid Era Laws: Bantu Homelands Citizenship Act No 26 of 1970’ available at http://africanhistory.about.com/od/apartheidlaws/g/No26of 70.htm (accessed 3 October 2013). Klaaren (n 41 above) 226-227. Klaaren (n 41 above) 226. Section 2(1) of the 1949 Act. S Peberdy Selecting Immigrants: National Identity and South Africa's Immigration Policies 1910-2008 (2009) 82. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 27