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
The statistics was released Saturday by the minister of Justice and Human Rights, Francisco Queirós. Francisco Queirós voiced the concern during an official opening ceremony of birth registration in the country’s schools, held in Cazenga municipality, Luanda. The event ran…
Man prevented from visiting sick mother‚ and from attending her funeral By Ernest Mabuza A family of three has been stateless for a year as a result of the Home Affairs Department not finalising his South African citizenship. The father…
By Ernest Mabuza There were tears of joy as the High Court in Cape Town set aside a decision by the Department of Home Affairs to refuse a stateless family’s application for citizenship. The Mulowayi family of Kensington‚ Johannesburg‚ finally…
They were expecting permanent residence, but they have been offered four years in South Africa instead By Tariro Washinyira The Scalabrini Centre is concerned by a Home Affairs decision to issue a non-renewable Angolan Special Permit (ASP) that expires in…
The Portfolio Committee on Home Affairs is unhappy with the slow progress it has made in getting key information, mostly from the Department of Home Affairs, relating to the Gupta family’s early naturalisation. Committee members met on Wednesday for an…
Press release: Angolan former refugees, who have been living in South Africa for decades, are being issued Angolan Special Permits (ASP) by the Department of Home Affairs (DHA) following years of precarious legality in the country. Whilst we welcome and…
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By Mamello Nkuebe, Libuseng Malephane, and Thomas Isbell Lesotho’s Constitution prohibits Lesotho citizens from holding the citizenship of any other country. Basotho who want to become citizens of another country must renounce their Lesotho citizenship, giving up certain rights and…
Mpho Tebele Gaborone – The Botswana government has announced that it would cancel citizenship for all persons above the age of 21 who have not renounced citizenship of another country. Currently, a child born to a Botswana citizen and a…
Mashudu Netsianda, Senior Court Reporter A BULAWAYO woman born to Zambian parents has taken the Registrar-General Mr Tobaiwa Mudede to court challenging his refusal to grant her Zimbabwean citizenship. Mrs Ketty Twasa (75), through her lawyers Moyo and Nyoni Legal…