CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 or parents of unknown nationality born on its territory has its nationality.82 Lesotho provides that a child born on the territory who falls under the exception to jus soli attribution relating to the children of diplomats, will be a citizen if he or she would otherwise be stateless.83 Namibia also provides that the exceptions to the right to citizenship from birth of a child born in the country of parents who are ordinarily resident (if the parents are illegal immigrants or have diplomatic or similar status) do not apply if the child would be stateless.84 The South African Citizenship Act includes a provision granting citizenship to any child born on its territory who does not have the citizenship of any other country or the right to any other citizenship.85 The South African Department of Home Affairs has, however, failed to implement a Supreme Court order that the child of Cuban parents born in South Africa, who has no right to Cuban citizenship under Cuban law and is therefore stateless, should be recognised as a South African citizen.86 Draft amendments to the Citizenship Regulations published for comment in July 2020 were criticised by civil society for continuing to fail to protect children against statelessness.87 Malawi provides for the possibility of the registration as a citizen for a person born in its territory who is stateless, but the conditions applied are similar to those for naturalisation, including a clean criminal record: UNHCR knows of no cases where this procedure has been accessed in practice.88 There are nine states in southern Africa, more than half the SADC region, that fail to make any provision for the acquisition of nationality by children whose parents are known, but who do not acquire another nationality at birth: Botswana, Comoros, Eswatini, Madagascar, Mauritius, Seychelles, Tanzania, Zambia and Zimbabwe. 82 Constitution of Mozambique 2004, art. 23(1)(b). 83 Constitution of Lesotho 1993, art. 38(3). 84 Constitution of Namibia 1990, art. 4(1)(b). 85 South Africa Citizenship Act 1995, as amended 2010, sec. 2(2)(a). 86 DGLR and Another vs. Minister of Home Affairs and Others, Supreme Court of Appeal, Case No 1051/2015, order dated 6 September 2016; “High Court Dismisses Attempt To Revoke Stateless Child’s Citizenship”, Lawyers for Human Rights, 30 May 2019. See also Fatima Khan, “Exploring Childhood Statelessness in South Africa”, Potchefstroom Electronic Law Journal 23 (2020): 1–34, https://doi.org/10.17159/1727-3781/2020/v23i0a6414. 24 87 See references at footnotes 56 and 57. 88 Malawi Citizenship Act 1966, as amended, sec. 18; information from UNHCR Southern Africa bureau, April 2020. UNHCR / December, 2020