79. He disputes as factually untrue the claim that Mr Modise is responsible for his failure to enjoy his rights as a citizen of Botswana, by refusing to produce the necessary documents as proof of his citizenship. In any case, he points out that their production would not remedy the violations asserted by him in this case. 80. On the issue that Mr Modise could not and did not become a citizen by descent under the repealed Section 20(2) of the Constitution of Botswana, because he was neither a British Protected Person nor a citizen of the United Kingdom and colonies on 29th September 1966, counsel submits as follows: The repealed Section 20 of the Constitution of Botswana referred to in the letter of Mr B. K. Sebele provides: (1) Every person who, having been in the former Protectorate of Bechuanaland, is on 29th September, 1966, a citizen of the United Kingdom and Colonies or a British Protected Person, shall become a citizen of Botswana on 30th September 1966. (2) Every person who having been born outside the former Protectorate of Bechuanaland, is, on 29th September, 1966, a citizen of the United Kingdom and Colonies or a British protected person, and is not a citizen of any other country, shall, if his father becomes, or would, but for his death have become a citizen of Botswana in accordance with the provisions of sub-section (1) of this section, become a citizen of Botswana on 30th September, 1966. 81. Counsel submits that since it is common ground that Mr Modise was born in South Africa of parents from Botswana, Section 20(1) is inapplicable to him. Section 20(2) is therefore the applicable provision. However, a determination of whether or not Mr Modise was a citizen of the United Kingdom and Colonies or a British Protected Person on 29th September 1966 can only be made in terms of the British Nationality Act of 1948. The provision of that Act which applies to Mr Modise is Section 12(2), which provided that: A person who was a British subject immediately before the date of the commencement of this Act shall, on that date become a citizen of the United Kingdom and Colonies and possessed any of the qualification [sic]specified in the last foregoing subsection The last foregoing subsection referred to in this provision is sub-section1 of Section 12 of the same Act that provides: A person who was a British subject immediately before the date of the commencement of this Act shall on that date become a citizen of the United Kingdom and Colonies if he possesses any of the following qualifications, that is to say: (a) That he was born within the territories comprised at the commencement of this Act in the United Kingdom and Colonies, and would have been such a citizen if Section four of this Act had been in force at the time of his birth; (b) That he is a person naturalised in the United Kingdom and Colonies; (c) That he became a British subject by reason of the annexation of any territory included at the commencement of this Act in the United Kingdom and Colonies; 82. Counsel submits further that it is not in dispute that Mr John Modise's father, Samuel Remaphoi Modise and his mother, Elizabeth Ikaneng Modise, were both born in Goo-Modultwa ward in Kanye of the Bangwaketse in the former Protectorate of Bechuanaland (now Botswana). John Modise, their son and Complainant in this case, was born in Cape Town where his father, Samuel Remaphoi Modise was an immigrant worker, about 1943. Had he (Mr Samuel Remaphoi Modise) been alive on 30th September 1966, Samuel Remaphoi Modise who was born in 1912 would have fulfilled the requirement of Section 12(1)(a) of the British Nationality Act of 1948 and, thereby been a national of the United Kingdom and the Colonies. Thus, by the combined operation of Section 12(1) and (2) and Section 1 of the British Nationality Act, John Modise, his son, was both a British subject and a citizen of the United Kingdom and Colonies on the day preceding 30th September 1966. As a result, he