The ten states of the Southern African region recognised by the African Union have a very diverse history on nationality, despite the common legal heritage of the majority within the British Commonwealth. The “settler states” of South Africa, Zimbabwe and Namibia had their own nationality laws much earlier than the other states who only adopted nationality legislation after independence in the 1960s and 70s.
While the laws of South Africa and Namibia provide strong protections against statelessness, as do those in the lusophone states, the descent-based laws in the remaining anglophone countries have left many at risk of statelessness. Gender-based discrimination has reduced; but Southern Africa has moved less far towards acceptance of dual nationality than other regions.
The main crisis relating to citizenship in the region has been in Zimbabwe, where the government from 2000 refused to recognise people who had a potential claim to another nationality as Zimbabweans (even if they had never made any attempt to claim that nationality, and might not qualify for it under the other state’s national law). The 2013 constitution of Zimbabwe should have resolved some of these questions, in particular since it allowed dual nationality for citizens from birth; but five years later the citizenship act had yet to be amended, and many were still forced to litigate to restore their citizenship.
The Southern Africa region is joined by five additional states (DRC, Madagascar, Mauritius, Seychelles, Tanzania) to form the Southern African Development Community (SADC) a regional economic community also recognised by the AU. SADC adopted a protocol on facilitation of free movement in 2005, but it is far less comprehensive and regional integration generally is less developed than in East and West Africa (and is not yet in force). The SADC Protocol on Gender and Development, however, contains strong commitments for women’s equality to be enshrined in constitutions and national laws. In 2016, the SADC Parliamentary Forum adopted a resolution on the prevention of statelessness.
Walter Nyamukondiwa, Kariba Bureau THE Zimbabwe Human Rights Commission (ZHRC) is set to roll out a five-month national inquiry on identity documents to establish gaps and the extent of their unavailability among Zimbabweans. The inquiry is part of fostering and…
By Nico Gous Home affairs has two weeks to reinstate the ID number of a four-year-old child born in Polokwane and issue him with a new birth certificate. This is in terms of a directive issued by the public protector …
The Complainant is a South African citizen who had a child with a Zimbabwean national who held a Permanent Residence Certificate in the Republic at the time the child was born on 11 December 2014. Finds that: “The cancellation of…
At least 10 million people are stateless worldwide, according to the United Nations. Our new series ‘Young and Stateless’ is a modest effort to bring you some of their stories, in their own voices, from around the world. Watch:
Lawyers for Human Rights welcomes the decision by the High Court this week dismissing an attempt by the Department of Home Affairs to deprive a stateless child of her right to citizenship. This decision will hopefully end the 6 year…
Extracts: From 16-18 April 2019 in Nairobi, Kenya, the Government of Kenya, the Executive Secretariat of the International Conference of the Great Lakes Region (ICGLR) and the United High Commissioner for Refugees (UNHCR) co-organised a Ministerial Conference on the Eradication…
Nokuthula Khanyile Hilton College Farm dweller Edward Thusi says his life has been halted since Home Affairs blocked his ID. Home Affairs says that a local man’s South African citizenship is in dispute, despite him being in possession of a…
By Patrícia Jerónimo This report discusses citizenship in Mozambique. It explores the history of citizenship in this country, modes of acquisition and loss, and current debates and reform plans regarding citizenship policy. Download from GlobalCit: http://cadmus.eui.eu//handle/1814/62966
Johannesburg, South Africa (ADV) – The South African government this week directed public schools to provisionally enroll undocumented migrant children pending them producing the required documents within the legally prescribed three months, African Daily Voice has learnt. The government directive,…
President Mnangagwa said he would strip dual-nationals who support opposition Movement for Democratic Change (MDC) and other sanctions supporting groups of their Zimbabwe citizenship, the latest move by Zanu PF government to deal with the threat posed by homegrown political radicals.…