South African Citizens in Antarctica Act, 1962

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South African Citizens in Antarctica Act, 1962
Coat of arms of South Africa (heraldic).svg
Parliament of South Africa
  • Act to apply the laws of the Republic, and to make provision for the administration of justice, with reference to South African citizens in Antarctica.
CitationAct No. 55 of 1962
Territorial extent Antarctica
Assented to21 May 1962
Commenced25 May 1962
Administered by Department of Justice and Constitutional Development
Amended by
Environmental Laws Rationalisation Act, 1997
Related legislation
Antarctic Treaties Act, 1996
Status: In force

The South African Citizens in Antarctica Act, 1962 (Act No. 55 of 1962) is a South African statute which applies the country's law to its citizens in Antarctica. It provides that "[t]he laws from time to time in force in the Republic [of South Africa] shall apply to any South African citizen while he is in Antarctica." Antarctica is defined as the area south of the 60°S latitude, corresponding to the extent of the Antarctic Treaty System. For the application of the law, Antarctica is deemed to fall within the district of the magistrate's court at Cape Town. [1]

Contents

The law was enacted so that the scientists of the South African National Antarctic Expedition (SANAE), which began in 1959, would be covered by South African law. [1] Originally it placed Antarctica under the jurisdiction of the magistrate's court at Pretoria. The act was amended by the Environmental Laws Rationalisation Act, 1997 to move this jurisdiction to the court at Cape Town, bringing it in line with the Prince Edward Islands Act, 1948 and the Antarctic Treaties Act, 1996. [2]

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References

  1. 1 2 Vrancken, Patrick H.G. (2011). South Africa and the Law of the Sea. Leiden: Martinus Nijhoff Publishers. p. 72. ISBN   9789004210059.
  2. Memorandum on the objects of the Environmental Laws Rationalisation Bill, 1997, p. 16