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.
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