Statelessness in Southern Africa
within the relevant time limits the right may be lost. It may also be very difficult to fulfil the
requirements in practice, especially where the country of the parents’ nationality has no diplomatic
representation in their country of residence.
For Mozambique, children born outside the country must declare their intention of remaining
Mozambican within one year of majority (unless their parents were abroad in service of the state). The
nationality law but not the Constitution also requires that they renounce any other nationality to which
they are entitled.84 For Swaziland, a child born abroad of a father also born abroad must notify the
authorities of his or her desire to retain Swazi citizenship within one year of majority; if this is not done,
the person ceases to be a citizen.85
Namibian and South African children born abroad must only be registered with a consulate86 (this lesser
requirement is not recorded in Table 3, though arguably this exclusion is too generous). Under its 2009
constitutional amendments, Zimbabwe requires birth registration in Zimbabwe of children born abroad
(unless the parents were ordinarily resident in Zimbabwe or posted abroad on state duties).87
Table 3: Right to citizenship by descent
Country
Born in country
Born abroad
In wedlock
Out of wedlock
In wedlock
Out of wedlock
+ Father (F) &/or
Mother
(M)
is
citizen
+ Father (F) &/or
Mother (M) is
citizen
+ Father (F) &/or
Mother (M) is
citizen
+ Father (F) &/or
Mother (M) is
citizen
Angola
Botswana
F
R
R
M
=
=
F
=
=
M
=
=
F
=
=
M
=
=
F
=
=
M
=
=
Lesotho†
R
=
=
=
Rx1
=
=
=
Malawi
R~
=
=
=
Rx1~
=
=
=
Mozambique
R
=
=
=
C
=
=
=
Namibia
R
=
=
=
=
=
=
=
South Africa
R
=
=
=
=
=
=
=
Swaziland †
R
-
R
C*
Rx1(C)
-
Rx1(C)
C*
Zambia
R
=
=
=
=
=
=
=
R^
=
=
=
=
=
=
=
Zimbabwe †
= same as column to the left
84
Constitution 2004, Art.23(3); Lei da nacionalidade, 1975, Art.8(1).
Constitution, 2005, Art.43(3).
86
Constitution 1990, Art.4; Citizenship Act No.14 of 1990, Art.2.
87
Constitution 1981, as amended 2009, Art. 6.
85
18
Legal
provision
(date of latest
amendment
in
parentheses)
L2005Art9
L1998(2004)
Arts4&5
C1993Art38&
39
L1971Art5&6
L1966Arts4&
5
C2004Art23
L1975(1987)
Art1
C1990(2010)
Art4(1)(c)&(2
)
L1990Art2
L1995(2010)
Art2
C2005Art43
L1992Art7
C1991(1996)
Art5
C1981(2009)
Art5&6
L1984(2003)
Art5
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