Registrar of Asiatics v Moosa [1914] ZATPD 85 (10 August 1914)

Immigration.-Asiatics.-Rights under Act 36 of 1908.-Act 22 of 1913, sec. 4 (1) (a) and 4 (2) (b).

An Asiatic resident and actually in the Transvaal in 1902, went to India in the same year and returned to the Transvaal in 1914, when he applied for a certificate of registration; he was not the lawful holder of a certificate under Act 36 of 1908. By viirtue of Act 22 of 1913, sec. 4 (1) (a), all Asiatics had been declared prohibited immigrants, while sec. 4 (2) (b) ,safeguarded any right conferred by Act 36 of 1908 upon the lawful holder of a certificate defined in that Act. Held, assuming that the applicant had a right to obtain a certificate under Act 36 of 1908, that that right had not been taken away by the provisions of Act 22 of 1913, and that he was entitled to have his application for a certificate considered under Act 36 of 1908.