CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 constitution qualified that statement by stating “except as the law provides otherwise”.130 It is thus now clearly the case that dual nationality is not allowed for those born Comorian. In Mozambique, the 2004 Constitution provides no restrictions in relation to dual nationality – but the law has not been updated since 1987, and still provides that children born abroad must renounce any other nationality to which they are entitled, that women marrying Mozambican men must renounce another nationality, and that those who acquire another nationality automatically lose their Mozambican nationality.131 While in the case of Mozambique it seems this difference has not caused difficulties, and the constitution has been understood to prevail, the question of dual citizenship continues to create challenges in Zimbabwe. The 2013 constitution of Zimbabwe permits dual nationality for those who acquired Zimbabwean citizenship at birth132, but the Citizenship Act has not been updated since 2003 and continues to prohibit dual citizenship for adults in all circumstances. The refusal of the Registrar-General to issue citizenship documents to those with dual nationality has been successfully challenged in court,133 but others continued to face the same difficulties.134 In September 2018, President Mnangagwa committed to amending the act to bring it into line with the constitution,135 but this legislation had not yet been adopted as this report was finalised. A bill to amend the Botswana Citizenship Act to permit dual citizenship has also been in discussion for several years, but not yet adopted.136 In DRC, the law clearly prohibits dual nationality.137 However, in early 2007 the newly elected National Assembly adopted a resolution purporting to bring in a six-month moratorium on the enforcement of the provision to its own members, after it emerged that a number of deputies in fact held two passports. A special committee was appointed to propose a solution to the problem.138 The law has not been modified, although the debate remains active. In his December 2019 address to the nation, President Félix Tshisekedi called for the issue to be resolved.139 A prohibition on dual nationality creates a risk of statelessness especially for those born with the potential right to two (or more) nationalities, who are alleged by the authorities of the state of birth and residence to have the nationality of another country, even if the person has never sought formal recognition of another nationality and has no documented connection on which to found a claim. There can also be a risk of statelessness if a person is obliged to renounce a birth nationality in order to naturalise in another country, but then is not in fact granted that other nationality. 130 Constitution 1996, art.4; Constitution 2001, art.5, original version and as amended 2018. 131 Lei de 1975 de 20 de Junho, alterada pela Lei No.16/87 de 21 de Dezembro, arts. 8(1), 10 and 14(1)(a). See discussion in Jerónimo, “Report on Citizenship Law: Mozambique”. 132 Constitution 2013, Art. 42(e). 133 Mawere v. Registrar General & Others, Constitutional Court of Zimbabwe (CCZ 27/13) [2015] ZWCC 04 (judgment of 26 June 2013); Whitehead v Registrar General of Citizenship & Others, Supreme Court of Zimbabwe (SC 308/12) [2015] ZWSC 21 (judgment of 13 September 2013); Madzimbamuto v Registrar General & Others, Constitutional Court of Zimbabwe (CCZ 114/13) [2014] ZWCC 5 (judgment of 4 June 2014). 134 See discussion in Bronwen Manby, “Report on Citizenship Law : Zimbabwe” (Fiesole: European University Institute, 2019), http://cadmus.eui.eu//handle/1814/60436. Tafadzwa Ralph Mugabe, “Citizenship of Zimbabwe by birth for persons born abroad upheld by the Supreme Court of Zimbabwe!”, (blog post) 13 September 2019 http://trm.co.zw/?p=253. 135 “FULL TEXT: Mnangagwa’s state of Zimbabwe address”, News Day (Harare), 19 September 2018. 136 “Dual citizenship bill deferred to allow consultation”, Botswana Daily News, 1 March 2018. 137 Constitution 2006, art.10; Loi No 04-024, art. 1: “La nationalité congolaise est une et exclusive. Elle ne peut être détenue concurremment avec aucune autre.” 38 138 “Un moratoire accordé aux personnes concernées par la double nationalité", Agence Congolaise de Presse, 13 February 2007. 139 “Félix Tshisekedi appelle les congolais à la réflexion pour résoudre la problématique de la double nationalité” Kinshasa Times, 13 December 2019. UNHCR / December, 2020