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.
By Joseph Zulu MBABANE – There is a reported increase in statelessness in the country. This refers to individuals living without a nationality, leaving them unable to fully participate in society or access basic services. While the issue is often […]
‘Jus soli’ gives anyone born on Mozambican soil effective citizenship and the rights associated with it This essay was written by Kamaro Christian courtesy of The Global Movement Against Statelessness (GMAS), a content partner of Global Voices. This post is […]
(17367/2022) [2026] ZAWCHC 381 (29 July 2026) 1. It is declared that the failure or refusal by the respondents, or either of them, or by officials of the Department of Home Affairs (Department), to receive, process and determine an application […]
On 29 July 2026, a full bench of the Western Cape High Court handed down a significant judgment that removes longstanding barriers to birth registration in South Africa. In Cirangashane and Others v Director General of the Department of Home […]
In the recent decision of Minister of Home Affairs and Another v Sakharov (2024-044391) [2026] ZAGPPHC 648 (22 June 2026), the Pretoria High Court had to determine whether the Department of Home Affairs (DHA) could rescind a Court Order directing […]
By Sinenhlanhla Masilela The North Gauteng High Court in Pretoria has dismissed an application by the Minister of Home Affairs and the Director-General of Home Affairs to overturn an earlier order declaring a foreign national, Mikhail Sakharov as a South […]
By Sinenhlanhla Masilela| The North Gauteng High Court in Pretoria has rejected an application from the Minister of Home Affairs and the Director-General of Home Affairs to overturn a previous ruling that granted Mikhail Sakharov, a foreign national, South African […]
By Lukholo Mazibuko The Minister in the Presidency for Women, Youth and Persons with Disabilities, Lydia Sindisiwe Chikunga, has denounced what she calls a “malicious and orchestrated” social media campaign falsely claiming she is not a South African citizen. In […]
(2024-044391) [2026] ZAGPPHC 648 (22 June 2026) Brief Facts [2] It is common cause that on or about 9 December 2013 the respondent was granted a permanent residence permit to reside in South Africa. It is also common cause that […]
by Zweli Martin Dlamini MBABANE: Wicknell Munodaani Chivayo, the Zimbabwean businessman who recently received a diplomatic passport from King Mswati after being granted Eswatini citizenship, is an ex-convict, an alleged fraudster and/or multibillion money-launderer. A brief research conducted by this […]
UNHCR, the UN Refugee Agency, commends the Government of the Republic of Botswana for granting citizenship to 69 refugees on the commemoration of this year’s World Refugee Day and the 75th anniversary of the 1951 Refugee Convention in Dukwi Refugee […]
Zimbabwean businessman Wicknell Chivayo has been granted Eswatini citizenship and a diplomatic passport by King Mswati III following a private audience at the Royal Palace. Otobong Tommy Zimbabwean businessman Wicknell Chivayo has been granted Eswatini citizenship and presented with a […]