CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 Renunciation of nationality In case of voluntary renunciation of nationality, it is important that the law and administrative procedures include a check that the person has acquired or will acquire another nationality, and the possibility of reinstatement of nationality if a new nationality is in fact not acquired. All SADC states allow renunciation of nationality (though some require permission of the authorities). Only Zimbabwe does not provide explicitly that its citizenship may not be renounced if the person would not become citizen of another country. In the case of Namibia, the law states that a person who has not become a citizen of any foreign country within one year from the date of registration of his or her declaration of renunciation, shall be deemed to have remained a Namibian citizen.187 Similarly, in Malawi and Zambia if the person does not in fact acquire another citizenship within three months or six months (respectively) following renunciation, Malawian or Zambian citizenship is deemed retained (subject to taking the oath of allegiance).188 Reacquisition In those states which currently or previously provided for automatic loss of nationality on voluntary acquisition of another, or failure to renounce another on majority, there are usually provisions for reacquisition of nationality on application – with no other conditions unless dual nationality is still not permitted, in which case the other must be renounced. This rule applies in Botswana, Lesotho, Malawi, Namibia, Zambia and Zimbabwe (although in Malawi the 2019 amendment act to permit dual nationality left previous provisions on reacquisition unamended, creating a confusion in the law).189 Similar rules apply in South Africa, if the reasons for loss or deprivation no longer apply. In most cases, reacquisition is only possible if nationality was lost by operation of law, and not if a decision was taken to deprive a person (for example on the grounds of fraudulent acquisition or crimes against the state). A more discretionary procedure applies in Angola, Comoros, DRC, Madagascar, and Mozambique. There is no provision for reacquisition in Eswatini, Seychelles, and in the case of Mauritius and Tanzania only in case of a person who lost nationality on marriage. These gaps potentially leave individuals at risk of statelessness. 187 Citizenship Act 1990, sec. 8(5). 188 Malawi Citizenship Act, 1966, as amended, sec. 23(1); Citizenship of Zambia Act 2016, sec. 32. 189 Malawi Citizenship Act, 1966, as amended, secs. 7(5) and 27. UNHCR / December, 2020 54