CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 The constitution of Angola prohibits deprivation of nationality that a person has held from birth; but the law nonetheless provides for involuntary loss if a person exercises sovereign functions of another state (unless this is communicated in advance to the National Assembly).164 Amendments to the Comoros constitution adopted in 2018 removed protection against deprivation of citizenship from birth.165 The nationality code provides that a person loses birth nationality on voluntary acquisition of another nationality (subject to authorisation during the period in which the person might be eligible for military service); and that a citizen from birth can be deprived of nationality, whether or not he or she has another nationality, if he or she behaves like the national of another state, or continues to exercise functions for another state when instructed not to.166 The constitutions of Mozambique, Namibia and Zimbabwe include the main substantive provisions on acquisition and loss of citizenship. In all three cases, the legislation conflicts with the constitution, which creates room for misapplication of the provisions, even if the constitution is clearly the superior law and should prevail. In Mozambique the constitution provides only for voluntary renunciation of nationality (however acquired); but the law states that birth nationality can be lost if a person exercises sovereign functions for another state.167 The Zimbabwean constitution provides for revocation of citizenship by birth if acquired by fraud, or in case of a person benefiting from the presumption in favour of foundlings whose parentage of nationality becomes known; the Citizenship Act, however, continues to provide for loss of citizenship on retention or acquisition of another.168 In Namibia, the legislation conflicts with the constitution in relation to loss of nationality by those born with dual citizenship (see above: Dual nationality). The South African constitution that entered into force in 1996 prohibits deprivation of nationality from any citizen. The original version of the South African Citizenship Act adopted in 1995, however, provided for loss of citizenship of a citizen from birth or by acquisition if he or she was also a citizen of another country and served in the armed forces of that country in a war against South Africa, or if a person acquired another citizenship without the permission of the government (as well as deprivation from naturalised citizens).169 These powers have not been repealed. In 2013, Seychelles inserted a new article to its citizenship law expanding the grounds for deprivation of citizenship, including from a citizen from birth, if the minister “is satisfied” that the person has been involved in terrorism, piracy, drugs offences, treason, and other offences, or has acted with disloyalty.170 The constitution generally permits parliament to provide for deprivation of citizenship if it has been unlawfully acquired.171 164 Constitution of Angola, 2010, art. 9(4); Lei 2/2016, art.17(1)(b). 165 Constitution of Comoros, 2001, amended 2018, art.5 (“Hors des cas où la loi dispose autrement, aucun comorien de naissaince ne peut être privé de sa nationalité”). See also above: Dual nationality. 166 Loi n° 79-12 du 12 décembre 1979 portant Code de la nationalité comorienne, arts.51, 55, & 56. 167 Constitution of Mozambique 2004, art.31; Lei da nacionalidade de 1975, as amended 1987, art.14. 168 Constitution of Zimbabwe 2013, art.39; Citizenship of Zimbabwe Act 1984, as amended 2003, section 9. 169 South African Citizenship Act, No. 88 of 1995, sec. 6 (in 2004 an amendment act, No.17 of 2004, repealed a provision in the 1995 Act that had provided for deprivation of citizenship on use of another passport). 170 Section 11A of the Citizenship Act, No. 18 of 1994, inserted by Act 11 of 2013. 171 Constitution of Seychelles, 1993, as amended, art.13. UNHCR / December, 2020 49