Last Updated: Monday, 28 July 2014, 16:37 GMT

Sudanese Nationality Act 1957 (last amended 1974)

Publisher National Legislative Bodies
Author Democratic Republic of the Sudan
Publication Date 1957
Reference SDN-110
Cite as Sudanese Nationality Act 1957 (last amended 1974) [],   1957, available at: http://www.refworld.org/docid/3ae6b56718.html [accessed 29 July 2014]
Comments This is the consolidation with the amendments up to 1974.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

An Act to make provision for Sudanese nationality and for matters connected therewith.

PART I-PRELIMINARY

1. Title.

This Act may be cited as the Sudanese Nationality Act. 1957.

2. Repealed.

The definition of Sudanese Ordinance. 1948 is hereby Repeal.

3. Interpretation

In this Act, unless the context otherwise requires.

"Alien" means a person who is not a Sudanese;

"Certificate of naturalization" means a certificate of naturalization granted or deemed to have been granted under this Act;

"Child" means a legitimate child and includes an adopted child and a step-child;

"Disability" means the incapacity of any person by reason of minority or unsoundness of mind;

"Domicile" means the place in which a person has his Permanent home or in which he resides and to which he returns as his place of permanent abode and does not include the place where he resides for a special or temporary purpose only;

"Father" in regard to a person born out of wedlock or not legitimated, includes the mother of the person;

"Minister" means the Minister of the interior;

"Minor" means a person who has not attained the age of twenty one years1;

"Prescribed" means prescribed by regulations made under this Act;

"Responsible parent" in relation to a child, means the father of that child; or, where the mother has been given the custody of the child by order of a competent court, or where the father is dead, or where the child was born out of wedlock and resides with the mother, means the mother of that child;

"Sudan" comprises of those territories which were included in the Anglo-Egyptian Sudan, immediately before the commencement of The Sudan Transitional Constitution 1956.

4. Capacity.

A person shall, for the purposes of this Act. Be of full age, if he has attained the age of twenty one years, and of full capacity if he is not of unsound mind.

PART II.-NATIONALITY BY DESCENT

5. Definition of Sudanese by descent.

(1)A person born before the commencement of this Act shall be a Sudanese by descent, if -

(a) (i) he was born in the Sudan, or his father was born in the Sudan; and

(ii)he, at the coming into force of this Act, is domiciled in the Sudan, and has been so domiciled since the first day of January, 1924 or else whose ancestors in the direct male line since that date have all been domiciled; or

(b)has acquired and maintained the status of a Sudanese by domicile under section 3 (a) of the Definition of Sudanese Ordinance, 1948;

Provided that a person who and whose father were neither of them born in the Sudan, may, if he satisfies the requirements of subparagraph (ii) of paragraph (a) apply to the Minister for an order that he be deemed to be a Sudanese by descent, and the Minister in his discretion if he thinks fit in any case may order accordingly.[1]

(2)A person born after the commencement of this Act, shall be a Sudanese by descent if his father is a Sudanese by descent at the time of his birth.[2]

(3)A person born to parents who are Sudanese by naturalization shall be a Sudanese by descent, if his parents have obtained the Sudanese nationality by naturalization before his birth.[3]

6. Foundlings.

A person who is or was first found as deserted infant of unknown parents shall, until the contrary is proved, be deemed to be a Sudanese by descent.

7. Nationality certificate.

The Minister shall, on the application of any Sudanese by descent under the provisions of this Part, and upon payment of the prescribed fees, issue to such applicant a nationality certificate in the prescribed form.

PART III-NATURALIZATION

8. Certificate of naturalization.

(1)The Minister may, in his absolute discretion, grant a certificate of nationalization as s a Sudanese to an alien who makes an application in the prescribed form and satisfies the Minister that,-

(a)he is of full age and capacity;

(b)he has been domiciled in the Sudan for a period of ten years immediately preceding the date of the date of the application;

(c)he has an adequate knowledge of the Arable Language or, if he has not such adequate knowledge, he has resided continuously in the Sudan for more than twenty years;

(d)he is of good character, and has not previously been convicted of a criminal offence involving moral turpitude;[4]

(e)he intends, if naturalized, to continue to reside permanently in t Sudan; and

(f)if he is a national of any foreign country, he has under the law of that country, validly and effectively in accordance with the law of such country renounced and divested himself of the nationality of that country;[5]

(g)he is of sound body and mind and not suffering from a permanent infirmity which renders him a burden on the community.[6]

(2)No certificate of naturalization shall be granted to any person under sub-section (1) until the applicant has taken the oath of allegiance in the form set out in the Schedule hereto.

(3)A person to whom a certificate of naturalization has been granted under this section, shall have the status of a Sudanese by naturalization as from the date of that certificate.

(4)The Minister may, upon application in that behalf, include in a certificate of naturalization the names of any minor children of whom the grantee is the responsible parent; such minors shall, as from the date of such inclusion, have the status of a Sudanese by naturalization.

(5)A grant made under section 4 of the Definition of Sudanese Ordinance, 1948, shall be deemed to be a certificate of naturalization granted under sub-section (1).

9. Married alien woman.

The Minister may grant a certificate f naturalization as a Sudanese to an alien woman who makes an application in the prescribed form and satisfies the Minister that,-

(a)she is the wife of a Sudanese in accordance with the provisions of Sudanese law; and

(b)she has resided with her Sudanese husband in the Sudan for a continuous period of not less than two years from the date of such application;

Provided that the President of the Republic may, upon the recommendation of the Minister, exempt her from the provisions of this paragraph if she has resided with her Sudanese husband in the Sudan continuously for a period of not less than two years immediately before the date of submitting such application; and

(c)she has validly and effectively renounced her foreign nationality in accordance with the laws of the country of which she was a national and has divested herself of such nationality.[7]

9A. Restriction to the enjoyment of the rights of a Sudanese national.

The alien who has been granted the Sudanese nationality in accordance with the provisions of section 8 and 9, shall not exercise the rights assigned to Sudanese national coil the expiration of three years from the date on which the alien has been granted such nationality; and may by a decision of the President of the republic be exempted from this restriction.[8]

10. Repealed.[9]

11. Register of naturalized Sudanese.

There shall be kept and maintained, in the prescribed form, a register of persons who are granted the Sudanese nationality by naturalization.

PART IV-LOSS OR DEPRIVATION OF NATIONALITY

12. Loss by voluntary act.

Where the President of the Republic is satisfied that a Sudanese of full age and capacity,-

(a)has acquired the nationality of a foreign country by any voluntary and formal act other than marriage; or

(b)has made a declaration renouncing his Sudanese nationality:

Provided however, that the President of the Republic may refuse to accept such declaration if it is made during the continuance of any war in which the Sudan is engaged; or

(c)has, after the commencement of this Act, taken or made an oath, affirmation or other declaration of allegiance to a foreign country; or

(d)has entered or continued in the service of a foreign country, in contravention of any express provision of any law in that behalf; the President of the Republic may order that such person shall cease to be a Sudanese.

13. Deprivation of nationality.

(1)Where the President of the Republic is satisfied that a Sudanese by naturalization,-

(a)has obtained his certificate of naturalization by fraud, false representation or the concealment of any material fact; or

(b)has, during any war in which the Sudan is or has been engaged, unlawfully traded or communicated with enemy or with he enemy or subject of any enemy State or has been engaged in, or associated with, any business that was to his knowledge carried on in such a manner as to assist an enemy in that war; or

(c)has within five years after the date on which he was naturalized, been sentenced in any country to imprisonment for a term not less than one year, for an offence involving moral turpitude; or[10]

(d)if out of the Sudan, has shown himself by act or speech to be disloyal or disaffected towards the Sudan; or

(e)if in the Sudan, has been convicted of any offence involving disloyalty or disaffection to the Sudan; or

(f)has resided outside the Sudan for a continuous period of five years, unless,-

(i)he has so resided by reason of his service under the Sudan Government of his service with an international organization of which the Sudan is a member; or

(ii)he has so resided as the representative or employee of a person, company or firm, resident or established in the Sudan; or

(iii)in the case of a wife or minor child of a person referred to in sub-paragraph (I) or (ii), such wife of child has so resided with such person; or

(iv)he has, at least once in every year during that period, given notice to the Minister in the prescribed form of his intention to retain his Sudanese nationality;

the President of the Republic may by order, deprive that person of his Sudanese nationality.

(2)Refore making an order under this section, the President of the Republic may give to the person in respect of whom the order is proposed to be made, a notice in writing informing him, of the grounds on which the order is proposed to be made, and that he may apply to have the case referred to a committee of inquiry.[11]

(3)If in accordance with the provisions of sub-section (2), and within a period of six months of the date of the notice, such person so applies, the President of the Republic may refer the case to a committee for inquiry as hereinafter provided.[12]

(4)An inquiry under this section shall be held by a committee constituted for the purpose by the President of the Republic, and the Chairman shall be a person who holds or had held a judicial office not below the status of a Province Judge.[13]

(5)The person in respect of whom an order is proposed to be made under this section, shall be entitled to appear before the committee of inquiry personally or by an advocate or a duly authorised agent on his behalf.

(6)The committee appointed under this section shall have all such powers, rights and privileges as are vested in a Court of a District Judge of the First Grade in respect of,-

(a) enforcing the attendance of witnesses and examining them on oath affirmation or otherwise and the issue of a commission or request to take evidence abroad; and

(b)compelling the production of documents.

(7)The committee of inquiry shall, on such reference hold the inquiry in such manner as may be prescribed and submit its report to the President of the Republic and the President of the Republic shall act upon the decision of the committee.[14]

14. Date of loss or deprivation.

Where the President of the Republic orders that any person shall cease to be a Sudanese, or be deprived of his Sudanese nationality, the order shall have effect from such date as the President of the Republic may direct, and thereupon the said person shall cease to be a Sudanese.[15]

15. Effect of loss or deprivation.

When a person ceases to be a Sudanese or has been deprived of his Sudanese nationality, he shall not thereby be discharged from any obligation, duty or liability in respect of any act or thing done or omitted before he has ceased to be a Sudanese or been deprived of the Sudanese nationality.

16. Effect of loss or deprivation on minors.

(1)When the responsible parent of a minor ceases to be a Sudanese under section 12, the minor shall cease to be a Sudanese only if he is, or thereupon becomes under the law of any country, other than the Sudan, a national of that country.

(2)Where a person is deprived of his Sudanese nationality under section 13, the Minister may, by order, direct that all or any of the minor children of whom that person is the responsible parent shall cease to be Sudanese;

provided that such minor may, within one year after attaining majority, make a declaration that he wishes to resume the Sudanese nationality, and thereupon he shall again become a Sudanese.

17. Publication.

The Minister shall cause to be published in the Gazette the names and addresses of persons who have lost or who have been deprived of their Sudanese nationality under this Part.

PART V-MISCELANEOUS

18. Posthumous childcare.

Any references in this act to the states or description of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the father's death; and where the death occurred before, and the birth after, the commencement of this Act the states or description which would have been applicable to the father had he died after the commencement of this Act shall be deemed to be the status or description application him at the time of his death.

19. Penalties.

Every person who,-

(a)for any of the purposes of this Act knowingly makes a false representation or a statement false in a material particular; or

(b)uses another person's certificate of naturalization to personate that other person; or

(c)knowingly permits his certificate of naturalization to be used to personate himself; or

(d)having been deprived of his Sudanese nationality under section 13 fails, upon being so demanded by the Minister, to surrender his certificate of naturalization;

shall be guilty of an offence, and shall on conviction be liable to imprisonment for a term which may extend to three years or to fine or to both.

20. Regulations

The Minister may make regulations generally for carrying into effect the provisions and purposes of this Act, and in particular may by such regulations provide for -

(a)the forms to be used and the registers to be maintained under this Act;

(b)the administration and taking of oaths of allegiance under this Act, and the manner in which such oaths shall be taken and recorded;

(c)the payment of fees in respect of any registration, the making of any declaration or the grant of any certificate authorised to be made or granted by this Act, and in respect of the administration or registration of an oath;

(d)the procedure to be followed by followed by the committee of inquiry appointed under appointed under section 13.

THE SCHEDULE (See section 8 (2)) Oath of Allegiance

{………….do hereby swear by the Almighty God (or do solemnly affirm) that I will bear true faith and allegiance to the Constitution of the Sudan as by law established and that I will faithfully observe the Laws of the Sudan and full my duties as a Sudanese citizen.



[1] 1959 Act No.66; 1972 Act No.47.

[2] 1970 Act No55.

[3] Ibid.

[4] 1970 Act No.55.

[5] 1970 Act No.65.

[6] 1970 Act No.55.

[7] 1959 Act No.55; 1970 Act No.55; 1972 Act No.48; 1973 Act No.11.

[8] 1970 Act No.55.

[9] 1970 Act No.33.

[10] 1959 Act No66, 1970 Act No

[11] 1963 Act No 40; 1973 Act No.11; 1974 Act No.40.

[12] 1959 Act No.66; 1973 Act No.11.

[13] 1973 Act No.11.

[14] 1973 Act No.11; 1974 Act No.40.

[15] 1973 Act No.11; 1974 Act No.40.

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