Opinion Number. 997

Subject

NATIONALITY
BRITISH SUBJECT FOR PURPOSES OF ELECTORAL ENROLMENT: WHETHER PERSON BORN IN HOLLAND WHO SERVED WITH ENEMY IN BOER WAR IS NOW BRITISH SUBJECT THROUGH ANNEXATION

Key Legislation

COMMONWEALTH ELECTORAL ACT 1918, s. 39

Date
Client
The Chief Electoral Officer

The Chief Electoral Officer asks whether Mr A.B. should obtain naturalization in the Commonwealth in order to qualify for enrolment as an elector under the following circumstances:

B. was born in Holland, went to South Africa before attaining his majority, and served with the Boer forces during the South African War 1899-1901. His parents never became British subjects. He has never become a naturalized British subject. He was 'annexed' when South Africa became British territory.

The answer to the question asked depends on whether Mr A.B. became a subject of one of the South African Territories at any time before the close of the Boer War.

If he did, he would now be a British subject and entitled to enrolment. If not, he would still remain a Dutch subject, notwithstanding the conquest of South Africa by Britain.

[Vol. 17, p. 31]