CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 Dual nationality Southern Africa has joined the continental trend to permit dual nationality, with Lesotho, Malawi, and Zambia the most recent to amend their laws (see Table 5). Among the 16 SADC States, five now permit dual nationality in all circumstances (at least according to the constitutional provisions): Angola, Lesotho, Mozambique, Seychelles, and Zambia. Another eight-permit dual nationality for adults in only some circumstances. Eswatini, Malawi, Mauritius, and Namibia allow dual citizenship only for citizens from birth; while Comoros and Botswana allow dual citizenship for naturalised citizens only; Madagascar allows dual nationality for those who are naturalised, who are born with two nationalities, or who acquire another nationality automatically through marriage; and South Africa requires permission to hold another nationality if not acquired at birth. In line with the initial rules for the Commonwealth states, Tanzania permits dual citizenship for children, but not for adults: those born with two citizenship have a period after majority during which an option must be made; the same rules apply to those born Botswanan. Only DRC provides (in theory) for automatic loss of nationality by any person acquiring a foreign nationality, whether adult or child. Zambia’s law is somewhat ambiguous: the 2016 constitution provides that citizenship is not lost on acquisition of another and establishes no requirement to renounce another citizenship on naturalisation, and the law does not contradict these provisions; but at the same time the Citizenship Act provides that a person “may apply for dual citizenship”, while regulations establish forms to notify the government of acquisition of another nationality.126 In Malawi, similarly, the 2019 amendment to the law provides on the one hand that a citizen “may hold the citizenship of one other country” (that is, triple nationality is not permitted), but also provides that a person “shall notify the minister” on acquisition of another citizenship, or on reaching adulthood if born with two citizenships. No penalty is prescribed for failure to complete this step.127 There is also confusion in Seychelles, where the constitution is clear that dual citizenship is permitted, but the law provides for a declaration that a person holds two citizenships and for failure to make the declaration to be a criminal offence subject to a fine.128 In the context of an ambiguity between the constitution and the statute, several High Court rulings in Namibia have affirmed that under the constitution a citizen from birth can only lose his or her citizenship by voluntary renunciation and that dual citizenship is permitted for citizens from birth, even though the Citizenship Act states that no Namibian citizen may also be a citizen of a foreign country).129 Legal amendments in Comoros have been complicated. The Comorian nationality code has provided since it was first adopted in 1979 for loss of nationality on acquisition of another (but no requirement for renunciation of original nationality on naturalisation). The constitution, however, has made several changes. Before 1996, the constitution simply stated that nationality would be provided for in law; from 1996 the constitution provided that no person born Comorian could be deprived of nationality, and that a person who acquired another nationality would not lose nationality of origin; from 2001, the constitution provided only that no person born Comorian could be deprived of nationality; but 2018 amendments to the 2001 126 Constitution of Zambia 2016, arts. 37 and 39; Citizenship of Zambia Act No.33 of 2016, Part VI (secs. 25-26); Citizenship of Zambia Regulations 2017, regulation 9 and Form VI. 127 Malawi Citizenship Amendment Act, No.11 of 2019, replacing sections 6 and 7 of the principal act. 128 Seychelles Citizenship Act 1994, as amended 2013, sec.12. 129 Constitution of Namibia, 1990, art. 4(8): Namibian Citizenship Act 14 of 1990, sec.26; Tlhoro v Minister of Home Affairs (Case No. (P) A159/2000) [2008] NAHC 65 (2 July 2008), reaffirmed by Le Roux v Chief of Immigration and Others (A 322/2010, High Court of Namibia). See also Werner Menges, “Court confirms legality of dual citizenship for some Namibians,” The Namibian, 9 July 2008; Werner Menges, “Dual citizenship legal for born Namibians”, The Namibian, 7 June 2011; Chipepera and Ruppel-Schlichting, “Children’s Right to Citizenship”. 37 UNHCR / December, 2020