The Domicile Act No.
3 of 1992 came into effect on the 1st of August 1992.
It contains a few provisions that solved a lot of disputes that arose in the past.
What does "domicile" mean? To be living in a specific place means to have a place of permanent legal residency for judicial jurisdiction and the choice of law.
For example: If you are domiciled in Cape Town, but you are currently on vacation in Durban, you will still be domiciled in Cape Town.
The reason for this being that your intentions for your holiday stay is non-permanent.
A 3(1) of the Domicile Act states that one cannot lose one's domicile before acquiring a new place of domicile.
When one chooses to change their place of domicile, it should never just be accepted and must therefore always be proven.
(Smith v.
Smith, 1952 (4) S.
A.
750 (0)).
Types of domicile In South Africa there are 3 types of domicile.
They are: domicile of origin; domicile of choice and domicile by operation of law.
Domicile of origin Every person in South Africa acquires domicile of origin at birth.
A person loses their domicile of origin as soon as they acquire a domicile of choice (a 3(1)).
Note: One must comply with the requirements listed below before one may acquire a domicile of choice.
Domicile of choice There are two requirements regarding domicile of choice: The first requirement stipulates that a person must have the necessary legal capacity.
This means that one must be an adult (the age of 18 in South Africa) or a minor who possess the status of an adult.
This requirement is independent of such a person's sex or marital status.
(a 1(1)) The second requirement states that: "A domicile of choice shall be acquired by a person when he is lawfully present at a particular place and has the intention to settle there for an indefinite period.
" (a 1(2)).
Thus, domicile of choice must be an act of free will.
Domicile by operation of law Some people may be incapable of acquiring a domicile of choice (for example: a minor or someone who lacks mental capacity).
In this case, that person will be domiciled at the place he/she is closest connected to.
(a 2(1)) If a child lives with his/her parents or at least one of them, it will be presumed that the home of the parent/s is the domicile of the child until proven otherwise.
(a 2 (2))
3 of 1992 came into effect on the 1st of August 1992.
It contains a few provisions that solved a lot of disputes that arose in the past.
What does "domicile" mean? To be living in a specific place means to have a place of permanent legal residency for judicial jurisdiction and the choice of law.
For example: If you are domiciled in Cape Town, but you are currently on vacation in Durban, you will still be domiciled in Cape Town.
The reason for this being that your intentions for your holiday stay is non-permanent.
A 3(1) of the Domicile Act states that one cannot lose one's domicile before acquiring a new place of domicile.
When one chooses to change their place of domicile, it should never just be accepted and must therefore always be proven.
(Smith v.
Smith, 1952 (4) S.
A.
750 (0)).
Types of domicile In South Africa there are 3 types of domicile.
They are: domicile of origin; domicile of choice and domicile by operation of law.
Domicile of origin Every person in South Africa acquires domicile of origin at birth.
A person loses their domicile of origin as soon as they acquire a domicile of choice (a 3(1)).
Note: One must comply with the requirements listed below before one may acquire a domicile of choice.
Domicile of choice There are two requirements regarding domicile of choice: The first requirement stipulates that a person must have the necessary legal capacity.
This means that one must be an adult (the age of 18 in South Africa) or a minor who possess the status of an adult.
This requirement is independent of such a person's sex or marital status.
(a 1(1)) The second requirement states that: "A domicile of choice shall be acquired by a person when he is lawfully present at a particular place and has the intention to settle there for an indefinite period.
" (a 1(2)).
Thus, domicile of choice must be an act of free will.
Domicile by operation of law Some people may be incapable of acquiring a domicile of choice (for example: a minor or someone who lacks mental capacity).
In this case, that person will be domiciled at the place he/she is closest connected to.
(a 2(1)) If a child lives with his/her parents or at least one of them, it will be presumed that the home of the parent/s is the domicile of the child until proven otherwise.
(a 2 (2))
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