CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 Table 4: Transmission of nationality to spouses COUNTRY ANGOLA BOTSWANA COMOROS DRC ESWATINI LESOTHO MADAGASCAR MALAWI MAURITIUS MOZAMBIQUE !! NAMIBIA SEYCHELLES SOUTH AFRICA TANZANIA ZAMBIA ZIMBABWE !! CITIZENSHIP BY MARRIAGE RES. PERIOD (IF ANY)* MARRIAGE PERIOD (IF ANY) 5 yrs = = 5 yrs w 7yrs = w = 5yrs w 4yrs 5 yrs (waived if stateless) = = = = 10 yrs 5yrs 10 yrs “prescri bed period” “prescribed period” w = = On application; marriage is with community of property (comunhão de adquiridos); other spouse must be heard; offer civic and moral guarantees of integration into Angolan society; not convicted of crime punishable by more than 3 years in prison Same conditions as naturalisation except shorter residence period Automatic unless declines; govt can oppose Marriage has no effect as of right; acquisition authorised by decree adopted by National Assembly By declaration “Shall be registered” w = LEVEL OF DISCRETION 5yrs 5yrs RELEVANT LEGAL PROVISION(S) (DATE OF LATEST AMENDMENT IN PARENTHESES) L2016ART13 L1998(2004)ART14 L1979ARTS15-19 L2004ARTS18-20 C2005ART44 L1992ART8 C1993(2018)ART40 On request, automatic if stateless; govt can oppose Must satisfy most conditions relating to naturalisation On application, though exceptions may be prescribed By declaration, if satisfies conditions established by law “On application shall be granted” On application, if satisfies conditions including no criminal record On application, if admitted as a permanent resident L1960(2017)ARTS22-26 “On application shall be entitled” “is entitled to apply”; marriage under system of law recognized in Zambia, not a prohibited immigrant, no imprisonment for criminal offence “Is entitled on application” if satisfies conditions prescribed by Parliament L1995ART11 L1966(2019)ART16 C1968(1995)ART24 L1969(1995)ART7(2) C2004ART26 L1975(1987)ART10 C1990(2010)ART4(3) L1990ART3 C1993(2011)ART12 L1994(2013)ART6 L1995(2010)ART5(5) C2016ART37(2) L2016ART18 C2013ART38(1) L1984(2003)ART7 * If residence period noted then residence is after marriage = Equal rights for men and women to pass citizenship w Only women may acquire citizenship through their husbands !! legislation conflicts with the constitution 36 UNHCR / December, 2020

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