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
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