Swaziland Citizenship Regulation, 1967

Published: 15/Jan/1968

Version available from REFWORLD – https://www.refworld.org/docid/3ae6b506c.html

1. Citation.

These regulations may be cited as the Swaziland Citizenship Regulation, 1967.

2. Interpretation. (First and Second Schedules).

In these regulations, unless the context otherwise requires –

« the Act » means the Swaziland Citizenship Act. No. 17 of 1967;

« appropriate fee » means such fee prescribed for the purpose as is specified in the First Schedule;

« approved » means approved by the Minister;

« appropriate form » means the form prescribed for that purpose in the second Schedule and duly completed in accordance with the requirements of the form;

« Birth Certificate » means a certificate of birth which is evidence of the birth under the law of the country from which it emanates, or in an approved form;

« citizenship » means citizenship of Swaziland;

« District Officer » means district Officer in service of the Government;

« Marriage Certificate » means a certificate of marriage which is evidence of the marriage under the law of the country from which it emanates, or; in an approved form;

« naturalization » means naturalization as a citizen of Swaziland under section 24 of the Constitution.

« registration » means registration as a citizen of Swaziland under section 23 of the Constitution.

3. Manner in which application for registration is to be made.

(1)        An application to the Minister for registration shall be made in the appropriate form, accompanied by the appropriate fee, and the relevant documents specified in paragraphs (2) to (4), inclusive.

(2)        Such application if made pursuant to section 23 (1) (a) or (b) of the Constitution shall be accompanied by the Marriage Certificate of the applicant, and the Birth Certificate or, if a Birth Certificate is not obtainable, an affidavit of birth, of the husband of the applicant and, where the applicant was not born in Swaziland, of the father of the husband of the applicant, and where appropriate, a certificate or any other approved documentary evidence of citizenship of the husband.

(3)        Such an application if made pursuant to section 23 (1) (c) of the Constitution shall be accompanied by the Birth Certificate of the applicant or, if such a Certificate is not obtainable, such affidavit of his birth as is in an approved form, and the Birth Certificate or, if such a Certificate is not obtainable, an affidavit of the birth of the parent of the applicant or a certificate or any other approved documentary evidence of citizenship of the parent.

(4)        Such applicant if made pursuant to section 23 (1) (d) of the Constitution shall be accompanied by a certificate in the appropriate form, and signed by the Secretary to the Swazi National Council.

4. Certificate of Registration.

(1)        The Minister shall grant a certificate of registration in appropriate form to a person who is eligible for registration and who has made application for registration in the prescribed manner.

(2)        Upon payment of the appropriate fee, the Minister shall cause a copy of such certificate to be issued, duly certified as correct by the issuing officer.

5. Acquisition of citizenship by naturalisation.

(1)        An application to the Minister for the Minister for the grant of a certificate of naturalization, shall be made in the appropriate form accompanied by –

(a)        the appropriate fee;

(b)        a certificate of linguistic proficiency in the appropriate form signed by a District Officer competent to examine the language proficiency of the applicant;

(c)        a certificate of residence in Swaziland in the appropriate form signed by a District Officer; and

(d)        statements, in the appropriate form, by a person sponsoring the application who shall not be the attorney or agent or relation of the applicant.

(2)        In the event of the Minister deciding to grant the applicant a certificate of naturalization he shall cause the applicant to be informed of the decision and, on the applicant taking the oath of allegiance required in terms of section 24 of the Constitution, the Minister shall-grant him a certificate of naturalization.

(3)        Upon payment of the appropriate fee, the Minister shall cause a copy of a certificate of naturalization, duly certified as correct by the issuing officer to be issued.

6. Renunciation of Citizenship.

(1)        If a person satisfies the Minister that he-

(a)        is a citizen of Swaziland;

(b)        is, by operation of the law of a country other the Swaziland, a citizen of that county;

(c)        either has attained the age of twenty-one years or is, or has been married; and

(d)        is not suffering from mental incapacity;

and if he makes and signs, before a Commissioner of Oaths of Swaziland and in appropriate form, a declaration of renunciation of citizenship and lodges the declaration with the Minister, the Minister may cause the declaration to be registered in an approved manner.

(2)        Upon registration of the declaration, the person shall cease to be a citizen of Swaziland.

7. Certificate of citizenship in case of doubt.

(1)        An application to the Minister pursuant to section 7 of the Act shall be made in the appropriate form, accompanied by an affidavit or affidavits covering the material facts at issue.

(2)        The Minister may in his discretion call upon the applicant to appear, in person, before such officer or committee as the Minister may designate and to furnish such oral or other documentary evidence as the Minister deems necessary.

(3)        The officer or committee, as the case may be, shall thereafter submit a full transcript of the proceedings before the officer or committee together with such recommendations thereon as he or it may deem fit, but the Minister shall not in any way be bound by those recommendations.

(4)        The Chief Justice may make rules of court governing the procedure to be adopted where any interested party, including the Attorney-General, institutes proceedings in the High Court for the setting aside of such a certificate or the granting of any ancillary relief on the grounds that it had been obtained by means of fraud, false representation or the concealment of any material fact.

8. Deprivation of citizenship.

(1)        For the purposes of section 4(3) of the Act, the period within which written representation may be submitted shall be sixty days after receipt of the notice under the subsection or such further period as the Minister may, in his discretion, in writing allow.

(2)        For the purposes of section 4(4) of the Act, an application for an inquiry shall be made in writing.

9. Advice.

Where an application is made to him under the Act, the Minister may consult any person he may deem necessary.

 

FIRST SCHEDULE (Regulation 2)
Table of Fees

1. On applicant for Registration by a person other than by a woman married to a Citizen of Swaziland or on behalf of a minor R 3.00
2. On application for Registration by a woman married to a Citizen of Swaziland or on behalf of a minor R 2.00
3. On application for Naturalization R 20.00
4. On application for Renunciation of Swaziland Citizenship R 5.00
5. On application for Certificate of Citizenship in terms of Regulation 7 R 5.00
6. On application for the issue of a duplicate Certificate of Citizenship, or Naturalization R 1.00
NOTE. Every declaration made before a Commissioner of Oaths shall bear Swaziland postage stamps to the value of 25 cents.

SECOND SCHEDULE (Regulation 2)
Arrangement of Prescribed Forms

Forms
Form C.1. Application for Registration as a Citizen of Swaziland under Regulation 3 of the Swaziland Citizenship Regulation, 1967, by a person other than a Woman Married to a Citizen of Swaziland or on behalf of a Minor.
Form C.2. Application for registration as a Citizen of Swaziland under Regulation 3 of the Swaziland Citizenship Regulations, 1967, on behalf of a Person under 21 years of Age.
Form C.3. Application for Naturalization as a Citizen of Swaziland.
Form C.4. Application for naturalization as a Citizen of Swaziland.
Form C.5. Application for Certificate of Citizenship under Section 7 of the Act.
Form C.6. Certificate of Citizenship of Swaziland (issued under Section 7 of the Act).
Form C.7. Declaration of Renunciation of Citizenship of Swaziland.
Form C.8. Certificate of Residence in Swaziland.
Form C.9. Certificate of « Kukhonta ».
Form C.10. Certificate of Linguistic Proficiency.
Form C.11. Certificate of registration as a Citizen of Swaziland.
Form C.12. Certificate of Naturalization as a Citizen of Swaziland.

 

[forms are not reproduced here]

Themes: Acquisition de la nationalité, Perte et déchéance de la nationalité
Regions: Eswatini
Year: 1967