Statelessness in Southern Africa citizen who is convicted of an ordinary crime, but not naturalised citizens who fight “in a war the Republic does not support”, nor where naturalisation was obtained by fraud (with no exceptions allowed for).114 Swaziland includes a statement only that the decision to deprive nationality “shall endeavour not to render the person stateless”.115 Zimbabwe has a provision on avoiding statelessness, but the law’s next subsection removes the protection by stating that the minister can still revoke naturalised citizenship if “he is satisfied that it is not conducive to the public good that the person should continue to be a citizen of Zimbabwe.”116 Similarly, Namibia appears at first sight to prohibit deprivation of nationality from a person who would thereby become stateless, but then states that this is “unless the minister is satisfied that it is not conducive to the public interest that the person should continue to be a Namibian citizen”.117 (See Table 6: Criteria for loss or deprivation of citizenship.) Renunciation of citizenship In case of voluntary renunciation of citizenship, 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 citizenship if a new nationality is in fact not acquired. All southern African countries allow renunciation of nationality (though some require permission of the authorities). Only Zimbabwe does not provide explicitly that citizenship may not be renounced if the person would not become citizen of another country. However, in the case of Namibia, the law does not provide a full safeguard against statelessness, as it only says 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.118 In Malawi and Zambia, renunciation is allowed if the person either is a citizen of another country or if the person “satisfies the board/minister that he will become a citizen of another country”, which may allow for statelessness to occur, depending on its interpretation.119 114 South African Citizenship Act 1995, as amended 2010, Articles 6 and 8. Swaziland Constitution 2005, Article 49(5). 116 Citizenship of Zimbabwe Act, Chapter 4:01 Laws of Zimbabwe, section 11(3). 117 Namibian Citizenship Act, 1990, section 9(4). The Namibian courts have affirmed that the provision in Article 4(8)(b) of the Namibian Constitution allowing government to enact legislation depriving people serving in foreign forces of their citizenship was subject to the specific proviso in the Constitution that a citizen by birth cannot be deprived of citizenship. See summary of Alberts v Government of Namibia & Another, 1993 NR 85 (HC) available at http://www.hrcr.org/safrica/citizenship/alberts_gov.html and references at footnote 130. 118 Citizenship Act 1990, section 8(5). 119 Citizenship of Zambia Act, 1975 (last amended 1994), Art 23(2); Malawi Citizenship Act, 1966, Art. 23(1). 115 26

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