CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020
Table 4: Transmission of nationality to spouses
COUNTRY
ANGOLA
BOTSWANA
COMOROS
DRC
ESWATINI
LESOTHO
MADAGASCAR
MALAWI
MAURITIUS
MOZAMBIQUE !!
NAMIBIA
SEYCHELLES
SOUTH AFRICA
TANZANIA
ZAMBIA
ZIMBABWE !!
CITIZENSHIP
BY
MARRIAGE
RES.
PERIOD
(IF
ANY)*
MARRIAGE
PERIOD (IF
ANY)
5 yrs
=
=
5 yrs
w
7yrs
=
w
=
5yrs
w
4yrs
5 yrs
(waived if
stateless)
=
=
=
=
10 yrs
5yrs
10 yrs
“prescri
bed
period”
“prescribed
period”
w
=
=
On application; marriage is
with community of
property (comunhão de
adquiridos); other spouse
must be heard; offer civic
and moral guarantees of
integration into Angolan
society; not convicted of
crime punishable by more
than 3 years in prison
Same conditions as
naturalisation except
shorter residence period
Automatic unless declines;
govt can oppose
Marriage has no effect as of
right; acquisition authorised
by decree adopted by
National Assembly
By declaration
“Shall be registered”
w
=
LEVEL OF DISCRETION
5yrs
5yrs
RELEVANT LEGAL
PROVISION(S)
(DATE OF LATEST
AMENDMENT IN
PARENTHESES)
L2016ART13
L1998(2004)ART14
L1979ARTS15-19
L2004ARTS18-20
C2005ART44
L1992ART8
C1993(2018)ART40
On request, automatic if
stateless; govt can oppose
Must satisfy most conditions
relating to naturalisation
On application, though
exceptions may be
prescribed
By declaration, if satisfies
conditions established by
law
“On application shall be
granted”
On application, if satisfies
conditions including no
criminal record
On application, if admitted
as a permanent resident
L1960(2017)ARTS22-26
“On application shall be
entitled”
“is entitled to apply”;
marriage under system of
law recognized in Zambia,
not a prohibited immigrant,
no imprisonment for
criminal offence
“Is entitled on application” if
satisfies conditions
prescribed by Parliament
L1995ART11
L1966(2019)ART16
C1968(1995)ART24
L1969(1995)ART7(2)
C2004ART26
L1975(1987)ART10
C1990(2010)ART4(3)
L1990ART3
C1993(2011)ART12
L1994(2013)ART6
L1995(2010)ART5(5)
C2016ART37(2)
L2016ART18
C2013ART38(1)
L1984(2003)ART7
* If residence period noted then residence is after marriage
= Equal rights for men and women to pass citizenship
w Only women may acquire citizenship through their husbands !! legislation conflicts with the constitution
36
UNHCR / December, 2020