CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 Acquisition of nationality by naturalisation or registration All 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 conditions.140 More than 20 African countries provide on paper for a right to naturalise based on residence of five years; though in some countries the period is longer. In southern Africa, the majority of countries now establish a ten-year period to be able to apply for naturalisation, some increasing the period in recent years.141 South Africa provides a two-step process. A person must first become a permanent resident, a process which usually takes five years (except when married to a citizen), and on completion of five years “ordinary residence” may apply to naturalise.142 However, the Regulations to the Act purport to provide for a ten year “ordinary residence” period.143 The lack of specific legislative authority for the residence period established in the regulations has led to litigation in which the regulations were ruled invalid by the courts.144 Conditions relating to integration with the national community are common. Botswana, for example, requires knowledge of Setswana or another language spoken by a “tribal community” in Botswana.145 Such language requirements may be reasonable to ensure the integration of new citizens, but they should not be overly onerous, especially for those naturalising as adults. Naturalisation conditions often include very vaguely defined components requiring “good character” or related to integration to the local community. For example, in Malawi, a person wishing to naturalise or register as a Malawian citizen must satisfy the responsible minister that, among other things, he or she is “of good character” and “would be a suitable citizen of Malawi”.146 It is preferable for such restrictions to be limited to more objective requirements, such as a clean criminal record. Angola made the conditions for naturalisation slightly more onerous in its 2016 law, so that a shorter period of imprisonment could result in disqualification. The ten-year period for naturalisation only starts to run from the date a person was granted permanent residence.147 Proposed amendments to give the president more discretion to award naturalisation had led to protests during 2014.148 140 Note that the terminology used may differ. Naturalisation is usually the legal term used (in English and in French/Portuguese) for acquisition of citizenship after long term residence; while registration or option may be used for an easier procedure for acquisition of citizenship based on marriage or other connection, giving less discretion to the state. However, in some Commonwealth countries, such as Zambia, the term registration is used in both these situations. 141 Namibia in 2010 and Mozambique in 2003 raised the period to ten from five years. 142 South African Citizenship Act (No. 88 of 1995), as amended 2010, sec. 5(1)(b) & (c). 143 Regulations on the South African Citizenship Act, 2012, reg. 3(2)(a). 144 Mulowayi and Others v Minister of Home Affairs and Another, South Africa Constitutional Court, Case CCT249/18, [2019] ZACC 01, judgement of 29 January 2019. See also, Jo Venkov, “Case Note: Mulowayi v Minister of Home Affairs [2019] ZACC 1 (29 January 2019)”, Statelessness and Citizenship Review 2, no. 1 (2020): 179–184. 40 145 Citizenship (Amendment) Act, 1995, sec. 5, amending sec. 12 of the Citizenship Act, 1982. 146 Citizenship Act, sec. 13(1)(c) and (d) and sec. 21(1)(c) and (d). 147 Decreto Presidencial n.º 152/17, de 4 de Julho regulamento da Lei da Nacionalidade, art. 9. 148 António Rocha, « Angolanos indignados com proposta de mudanças na Lei da Nacionalidade », Deutsche Welle, 7 October 2014. UNHCR / December, 2020