CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 with a separate fee.304 Reduced fees apply to those who have a long-term connection to Tanzania, but still total nearly US$900.305 Even where there are no such rules on paper, cultural criteria may be applied. In Eswatini, for example, persons who are not of Swazi ethnic origin often find it very difficult to obtain citizenship.306 Among the SADC states, South Africa was the only country where decisions had been made at an administrative rather than political level and statistics published, totalling many thousands each year. However, the numbers naturalised reduced dramatically from 2011, when processing of applications was centralised, and ceased to be published in the annual reports of the Department of Home Affairs.307 Regulations adopted in 2012 purported to increase the period for naturalisation to ten years, from the five years provided in the primary legislation; a decision ruled invalid by the High Court in 2018 (and confirmed by the Constitutional Court).308 A new official policy then stated that access to naturalisation should be “exceptional” only, requiring an “executive decision of the minister … contrary to the current administrative decision making process”; in order to achieve “strategic goals or to build the nation”. Under the new policy “the number of years spent in the country will not carry much weight when compared with the value-add and security factors associated with the applicant.”309 Executive discretion was in the meantime highlighted by the controversy over the naturalisation of members of the Gupta family advising President Jacob Zuma.310 Zambia’s 2016 constitution, however, moved in the opposite direction, towards a more administrative procedure. Applications for citizenship by registration are considered by a Citizenship Board, which must publish reasons if the application is rejected, and decisions by the Board are subject to appeal to the High Court.311 304 For more detail see Manby, “Citizenship and Statelessness in the East African Community”, 36–37. 305 One million Tanzanian shillings on application and the same payable on grant of the certificate of naturalisation. Tanzania Citizenship (Amendments) Regulations 2017, Government Notice GN 427, 13 October 2017. 306 See, for example, annual human rights reports of the U.S. Department of State. 307 According to figures published in the Department of Home Affairs Annual Reports, and in response to a parliamentary question in 2014, total annual naturalisations from 2001 to 2013 were: 2001 / 02 2003 / 04 2004 / 05 2005 / 06 2006 / 07 2007 / 08 2008 / 09 2009 / 10 2010 / 11 2011 / 14,108 20,648 18,107 19,888 24,671 9,346 32,627 37,522 6,102 1,603 12 2012 / 13 732 The 2002/03 Annual Report is not on the website (nor are earlier years) and annual reports after 2011 do not contain this statistic. DHA annual reports available at http://www.dha.gov.za/index.php/about-us/annual-reports; see also “Home Affairs: Questions to the Minister, Question 346”, South African Parliament, 14 March 2014, available at https://pmg.org.za/question_reply/491/. A response to a parliamentary question in 2019 gave statistics for naturalisations of people originating from SADC states (only) for the calendar years 2017 and 2018, totalling 420 and 543 respectively: “Question NW90 to the Minister of Home Affairs”, South African Parliament, 29 February 2019, available at https://pmg.org.za/committee-question/10970/. See also “Gigaba hosts naturalisation ceremony, over 200 receive citizenship”, Independent Online, 17 August 2018. 308 Mulowayi and Others v Minister of Home Affairs and Another, Constitutional Court of South Africa, Case Number CCT249/18, judgment of 29 January 2019 [2019] ZACC 1. For commentary, see Venkov, “Case Note: Mulowayi v Minister of Home Affairs”. 309 South Africa Department of Home Affairs, “White Paper on International http://www.dha.gov.za/WhitePaperonInternationalMigration-20170602.pdf. Migration” (Republic of South Africa, July 2017), 310 Extensively reported: see for example, “Home affairs committee calls for action on Gupta naturalisation fraud”, Daily Maverick (South Africa), 18 March 2019. 311 Citizenship of Zambia Act 2016, secs. 21 and 30; Citizenship of Zambia Regulations 2017, regulation 6. UNHCR / December, 2020 76