CHAPTER 01:01
CITIZENSHIP

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   Establishment of Citizenship Committee

   4.   Citizenship by birth

   5.   Citizenship by descent

   6.   Citizenship by settlement

   7.   Citizenship by adoption

   8.   Registration of adopted child over three years old

   9.   Registration of a minor child of citizen

   10.   President's power to register citizens

   11.   Effect of registration as a citizen

   12.   Naturalization

   13.   Qualifications for naturalization

   14.   Naturalization of foreign spouse

   15.   Dual citizenship

   16.   Renunciation of citizenship by reason of dual citizenship or nationality

   17.   Resumption of citizenship

   18.   Deprivation of citizenship

   19.   Commonwealth citizen

   20.   Posthumous children

   21.   Certificate of citizenship in case of doubt

   22.   Decision of Minister to be final

   23.   Evidence

   24.   Offences

   25.   Regulations

   26.   Preservation of existing citizenship

   27.   Saving

Act 8, 1998,
Act 9, 2002,
Act 1, 2004.

An Act to re-enact with amendments the provisions relating to the acquisition and loss of citizenship of Botswana and for matters related thereto.

[Date of Commencement: 24th April, 1998]

1.   Short title

   This Act may be cited as the Citizenship Act.

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "certificate of naturalization" means a certificate of naturalization under this Act;

   "child" includes a child born out of wedlock, and the expressions "father", "mother" and "parent" shall be construed accordingly;

   "prescribed" means prescribed by regulations.

3.   Establishment of Citizenship Committee

   (1) There is hereby established a committee to be known as the Citizenship Committee which shall be responsible for considering every application for naturalization made under this Act and making recommendations thereon to the Minister.

   (2) The Committee shall consist of the following persons-

   (a)   three persons from the general public appointed by the Minister, one of whom shall be appointed Chairman of the Committee by the Minister;

   (b)   one member of the National Assembly appointed by the Minister who shall be Vice-Chairman of the Committee;

   (c)   the Commissioner of Police or his representative who shall be of a rank of not less than Assistant Commissioner of Police;

   (d)   the Deputy Permanent Secretary, Ministry of Labour and Home Affairs;

   (e)   the Deputy Permanent Secretary, Ministry of Commerce and Industry; and

   (f)   one member of the Ntlo ya Dikgosi appointed by the Minister.

   (3) The members appointed under this section shall hold office for three years, but shall be eligible for re-appointment.

   (4) The Committee shall regulate its own rules of procedure in considering applications for naturalization.

   (5) A person appointed as a member of the Citizenship Committee under subsection (2) shall be paid such remuneration and allowances as may be determined.

   (6) The Secretary of the Committee shall be the Chief Immigration Officer, or his representative.

   (7) In the exercise of his functions under section 12, the Minister shall consult the Citizenship Committee.

4.   Citizenship by birth

   (1) A person born in Botswana shall be a citizen of Botswana by birth if, at the time of his birth, his father or mother was a citizen of Botswana.

   (2) A person born before the commencement of this Act shall not be a citizen by virtue of this section unless such person was a citizen at the time of such commencement.

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