Exploring the Interface Between Birth Registration and Citizenship Determination: A Scoping Study in Seven Countries in Southern Africa Table 3: Citizenship principles and legal provisions Country and Citizenship Principle Legal Provisions Governing Citizenship Protections Against Statelessness Botswana Citizenship Act,46 Article 4(1) and 5(1): a child born in or outside of Botswana is a citizen if, at the time of birth, the father or mother was a citizen of Botswana. Party to the 1954 Convention relating to the Status of Stateless Persons (not a Party to the 1961 Convention). Jus sanguinis Citizenship Act (as amended 2024),47 Section 6(4): stateless persons may register as a citizen following a period of residence in the country. Birth and Death Registration Act (as amended in 2024)48: provides for the registration as Botswana citizens of abandoned children under the age of 7 years. Children Act, 2009,49 Section 12: guarantees every child a right to citizenship from birth. Republic of Congo Jus sanguinis Eswatini Jus sanguinis Lesotho Jus soli (in application Jus sanguinis) Code de la Nationalité 1961 (amended 1993, 2011)50, Article 8: a child born in the Congo is a citizen if one parent is a citizen and the other was born in Congo, or if both parents were born in Congo. Article 7: A child born outside Congo is a citizen if both parents are Congo citizens. Party to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Constitution of Eswatini 2005,51 Art. 43 and Citizenship Act,52 Sec. 7: A child born in or outside Eswatini is a citizen if the father is a citizen. A child born in Eswatini outside marriage, and not claimed by the father, is a citizen if the mother is a citizen. Party to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Constitution of Lesotho 1993 (amended 2018)53: Art. 38: A child born in Lesotho is a citizen of Lesotho. Art. 39: A child born outside Lesotho is a citizen if, at that date, either of his parents is a citizen of Lesotho otherwise than by descent. Party to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Constitution of Eswatini, Art. 47: an abandoned child (up to the age of 7) is presumed to be born in Eswatini and to be a citizen, unless proven otherwise. Citizenship Order, 1971,54 Art. 5: applies the Jus soli principle. However, a 1989 amendment55 makes citizenship of a child born in Lesotho conditional on one parent being a citizen (unless he would thereby become stateless). Malawi Jus sanguinis Namibia Mixed Jus soli and Jus sanguinis South Africa Jus sanguinis Code de la Nationalité, Art. 9: a child born in Congo to unknown parents is a citizen. Citizenship Order 1971, Art 2(6): a child found in Lesotho is deemed to have been born in Lesotho to parents possessing citizenship. Citizenship Act (amended 2022),56 Sec. 4, 5: a child born in Malawi is a citizen of Malawi if one parent is a citizen. A child born outside Malawi is a citizen if one parent is a citizen by birth. Party to the 1954 Convention Relating to the Status of Stateless Persons (not a Party to the 1961 Convention) Namibia Constitution 1990 (amended 1998, 2010, 2014),57 Art. 4: a child born in Namibia is a citizen if at least one parent is a citizen, or “ordinarily resident” in Namibia, at the time of the child’s birth. A child born outside Namibia is a citizen if one parent was a citizen at the time of birth, and the birth is registered (see Citizenship Act58, Sec. 2) Civil Registration and Identification Act, 2024 (not yet in force),59 Sec. 18(3): if a child would otherwise be stateless, the child should be registered as a citizen. Citizenship Act, 1995 (amended 1997, 2002, 2004, 2010),60 Sec. 2, 3: A child born in or outside South Africa to a citizen of South Africa is a citizen. Citizenship Act,61 Sec 2(2): A child born in South Africa who would otherwise be stateless is a citizen if their birth is registered under the Births and Deaths Registration Act. 21 Citizenship Act, Sec. 2(5), an infant found abandoned within Malawi is deemed to have been born within Malawi of parents possessing citizenship of Malawi.