Statelessness in Southern Africa Table 4: Right to pass citizenship to a spouse Country Citizenship Res. by marriage period (if any)* Angola = Marriage period (if any) 5 yrs (waived if loses other nat.) Relevant legal provision(s) (date of latest amendment in parentheses) L2005Art12 Botswana - L1998(2004)Art14 Lesotho m Malawi m C1993Art40 L1971Art7 L1966Art16 Mozambique† = Namibia = 10 yrs South Africa = 2yrs? Swaziland m Zambia - Zimbabwe† = 5 yrs (waived if stateless) C2004Art26 L1975(1987)Art10 C1990(2010)Art4(3) L1990Art3 L1995(2010)Art5(5) C2005Art44 L1992Art8 5yrs C1981(2009)Art7 L1984(2003)Art7 * If residence period noted then residence is after marriage = Equal rights for men and women to pass citizenship m Only men are permitted to pass citizenship to their spouses - No additional rights in case of marriage (though residence period may be reduced: see table on naturalisation) † the position is ambiguous in that legislation conflicts with the constitution Acquisition of citizenship by naturalisation or registration Most African countries permit, in principle, the acquisition of citizenship by naturalisation, at the discretion of the authorities, based on long-term residence in the country, intention to remain there, and various other criteria. In addition, some countries provide for less burdensome terms for acquisition of nationality by a foreign spouse (sometimes only wives); and in some cases also for stateless persons, in line with the obligations in the 1954 Convention relating to the Status of Stateless Persons. 93 For example, Malawi provides in law acquisition of nationality by discretionary registration of Commonwealth citizens; citizens of other African countries; persons with a “close connection” to Malawi, including those born in the country; and stateless persons born in the country or with a Malawian parent.94 The applicant must also satisfy the authorities that he or she has been ordinarily resident in Malawi for three years, intends to remain there, and has no serious criminal convictions.95 Lesotho similarly provides for discretionary registration of stateless persons lawfully resident for three years in the country, without a criminal conviction.96 Zambia provides for discretionary registration of 93 In accordance with Article 32 of the 1954 Convention relating to the Status of Stateless Persons, “(..) Contracting States shall as far as possible facilitate the assimilation and naturalization of stateless persons. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such procedures”. 94 Malawi Citizenship Act 1966, Articles.12-14. 95 Malawi Citizenship Act, 1966, section 18. 96 Lesotho Citizenship Order, 1971, section 10. 20