Constitution of Malawi 1964

Published: 6/Jul/1964

The Independence Constitution (adopted by the Malawi Independence Order 1964, UK Statutory Instrument 1964/916).

1. (1) Every person who, having been born in the former Nyasaland Protectorate, is on 5th July 1964 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Malawi on 6th July 1964:
Provided that a person shall not become a citizen of Malawi by virtue of this subsection if neither of his parents was born in the former Nyasaland Protectorate.
(2) Every person who, having been born outside Malawi, is on 5th July 1964 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Malawi in accordance with the provisions of subsection (1) of this section, become a citizen of Malawi on 6th July 1964.

2. (1) Any person who was on 31st December 1968 a citizen of the former Federation of Rhodesia and Nyasaland and who has a substantial Malawi connection (as defined in subsection (2) of this section) shall be entitled, upon making application before 6th July 1965 in such manner as may be prescribed by Parliament, to be registered as a citizen of Malawi.

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4. Every person born in Malawi after 5th July 1964 shall become a citizen of Malawi at the date of his birth:
Provided that a person shall not become a citizen of Malawi by virtue of this section if at the time of his birth:
(a) neither of his parents is a citizen of Malawi and his father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Malawi; or
(b) his father is a citizen of a country with which Malawi is at war and the birth occurs in a place then under occupation by the enemy.

5. A person born outside Malawi after 5th July 1964 shall become a citizen of Malawi at the date of his birth if at that date his father is a citizen of Malawi otherwise than by virtue of this section or section 1 (2) of this Constitution.

6. Any woman who has been married to a citizen of Malawi shall be entitled, upon making application in such manner as may be prescribed by Parliament, to be registered as a citizen of Malawi.

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Download Chapter 1 regulating citizenship: Malawi Constitution 1964 Chapter 1 Citizenship

Download full text: Malawi Constitution 1964

 

 

Themes: Acquisition of nationality, Loss and Deprivation of Nationality
Regions: Malawi
Year: 1964