CITIZENSHIP: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
(section 25)
(9th July, 2004)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. Authorised Tribal Officer
4. Citizenship Officers
5. Duty of Citizenship Officer to keep register
6. Permanent record to be kept
7. Particulars to be entered
PART II
Registration as citizen of Botswana
8. Certificate of registration
9. Registration of adopted child over three years as citizen
10. Registration of minor child of citizen
11. Registration as citizen
12. Manner of making application
13. Sponsorship of application for registration as citizen
14. Certificate of registration
15. Withholding of certificate of registration
PART III
Naturalisation as a citizen of Botswana
16. Declaration of intent to make an application for naturalisation
17. Application for certificate of naturalisation
18. Application for certificate of naturalisation by foreign spouse
19. Sponsorship of application for certificate of naturalisation
20. Oath of allegiance
PART IV
Renunciation, resumption and deprivation of citizenship of Botswana
21. Declaration by person holding dual citizenship
22. Declaration of renunciation of citizenship
23. Resumption of citizenship
24. Deprivation of citizenship
25. Notice of intention to retain citizenship
PART V
Supplementary
26. Additional evidence and information
27. Contents of application forms and declarations
28. Additional and qualified sponsors
29. Approval of forms
30. Certified copies of documents
31. Fees
First Schedule - Citizenship Forms
Second Schedule - Citizenship Fees
S.I. 58, 2004,
S.I. 56, 2020.
PART I
Preliminary (regs 1-7)
These Regulations may be cited as the Citizenship Regulations.
In these Regulations, unless the context otherwise requires:
"authorised tribal officer" means a person declared as such by the Minister under regulation 3;
"citizen" means a citizen of Botswana; and
"citizenship Officer" means any officer appointed under regulation 4.
The Minister may by notice in the Gazette declare any Moemela Kgosi or Kgosana appointed under the Bogosi Act (Cap. 41:01) to be an authorised tribal officer for the purposes of these Regulations.
The Permanent Secretary shall, for the purposes of these Regulations, appoint such number of citizenship officers as may be necessary.
5. Duty of Citizenship Officer to keep register
A citizenship officer shall keep and maintain, in such form as the Minister may direct, a separate register for the registration of—
(a) citizenship by settlement;
(b) the citizenship of an adopted child over three years old as a citizen of Botswana;
(c) a person under twenty-one years as a citizen of Botswana in terms of section 9 of the Act;
(d) a person as a citizen of Botswana under section 10 of the Act;
(e) a declaration of renunciation of citizenship in terms of section 16 of the Act; and
(f) a declaration of resumption of citizenship made in terms of section 17(2) of the Act.
6. Permanent record to be kept
(1) A citizenship officer shall keep and maintain, in such form as the Minister may direct, a separate permanent record for the purpose of recording every—
(a) grant of a certificate of naturalisation to a person of full age and capacity who is qualified, under section 13 of the Act, for naturalisation;
(b) oath of allegiance taken for the purposes of section 12 of the Act;
(c) grant of a certificate of naturalisation to a foreign spouse made, by the Minister, under section 14 of the Act;
(d) proof of renunciation of citizenship of a country, other than Botswana, in terms of section 15 of the Act;
(e) deprivation of citizenship of Botswana, by the Minister, under section 18 of the Act;
(f) issue made, by the Minister, of a certificate of citizenship in a case of doubt under section 21 of the Act.
A citizenship officer shall enter in the registers and other permanent records provided for under regulations 5 and 6, such particulars as the Minister may require.
PART II
Registration as citizen of Botswana (regs 8-15)
8. Certificate of registration
(1) A declaration for assumption of citizenship by settlement, as provided for under section 6 of the Act, shall be in Form A as set out in the First Schedule.
(2) A certificate of citizenship by settlement issued to a declarant under section 6 of the Act shall be in Form B as set out in the First Schedule.
9. Registration of adopted child over three years as citizen
(1) An application for an adopted child over three years old to be registered as a citizen under section 8 of the Act shall be in Form C as set out in the First Schedule.
(2) A certificate of Registration as a citizen issued for an adopted child over the age of three years in terms of section 8 of the Act shall be in Form D as set out in the First Schedule.
10. Registration of minor child of citizen
(1) An application for registration as a citizen by a person under twenty-one years in terms of section 9 of the Act shall be in Form E as set out in the First Schedule.
(2) A certificate of registration as a citizen, issued by the Minister, to a person under twenty-one years under section 9 of the Act, shall be in Form F as set out in the First Schedule.
11. Registration as citizen by President
(1) A certificate of Registration issued to a person as a token of honour on the authority of the President in terms of section 10 of the Act, shall be in Form G as set out in the First Schedule.
(2) An application for registration as a citizen by a person to whom special circumstances exist under section 10(b) of the Act, shall be in Form H as set out in the First Schedule.
(3) Registration of any person under subregulation (2), shall be in Form I as set out in the First Schedule.
12. Manner of making application
(1) An application shall be lodged with a citizenship officer where the application is made for
(a) an adopted child over three years old to be registered as a citizen under section 8 of the Act;
(b) the registration, as a citizen, of a person under twenty one years in terms of section 9 of the Act.
(2) A form approved by the Minister for the purposes of this regulation shall contain forms of certificates for completion and signature by a sponsor in accordance with regulation 13.
(3) An application in terms of this regulation shall be accompanied by such evidence as the applicant is required to produce by the material application form.
13. Sponsorship of application for registration as citizen
(1) An application referred to in regulation 12(1) shall be sponsored by a citizen of Botswana and one other person qualified by virtue of regulation 28 to be an additional sponsor for the purposes of these Regulations.
(2) A sponsor referred to in subregulation (1) shall complete and sign one of the forms of certificates contained in the form approved by the Minister in terms of regulation 12(2) in the presence of a person, other than the applicant, who is not a sponsor, which person shall thereafter sign the certificate as a witness to the certificate.
14. Certificate of registration
Upon the registration of a person as a citizen of Botswana in terms of the Act, a citizenship officer shall issue a certificate of registration in the appropriate form approved by the Minister.
15. Withholding of certificate of registration
Where it is a condition of the registration of a person as a citizen of Botswana that he or she shall renounce his or her citizenship of a country other than Botswana, a citizenship officer shall not issue to that person a certificate of registration until he or she is satisfied that that person has renounced his or her citizenship of that other country.
PART III
Naturalisation as citizen of Botswana (regs 16-20)
16. Declaration of intent to make an application for naturalisation
(1) A declaration of an intention to make an application for a certificate of naturalisation under section 14 of the Act shall be in Form J as set out in the First Schedule.
(2) A declaration referred to in subregulation (1) shall be signed by the declarant in the presence of a Commissioner of Oaths, who shall thereon record the date, time and place of the making of the declaration and also sign the same.
17. Application for certificate of naturalisation
(1) An application for a certificate of naturalisation under section 12 of the Act shall be in Form K as set out in the First Schedule.
(2) A certificate of naturalisation granted by the Minister under section 12 of the Act shall be in Form L as set out in the First Schedule.
18. Application for certificate of naturalisation by foreign spouse
(1) An application for a certificate of naturalisation, by a foreign spouse, under section 14 of the Act shall be in Form M as set out in the First Schedule.
(2) A certificate of naturalisation granted to a foreign spouse in terms of section 14 of the Act shall be in Form N as set out in the First Schedule.
19. Sponsorship of application for certificate of naturalisation
(1) The application forms referred to in regulations 17 and 18 shall contain certificates for completion and signature by a sponsor in accordance with subregulation (4).
(2) An application under regulation 17 or 18 shall be accompanied by such evidence as the applicant is required to produce as specified in the application form.
(3) An application for a certificate of naturalisation under sections 12 or 14 of the Act shall be sponsored by one citizen sponsor for the purposes of these Regulations.
(4) A sponsor referred to in subregulation (1) shall complete and sign one of the forms of the sponsor's certificate contained in the application forms referred to in regulations 17 and 18 in the presence of a person, other than the applicant, who is not a sponsor, and such person shall thereafter sign the certificate as a witness to the sponsor's certificate.
(1) The oath of allegiance required by sections 12, 14 and 15 of the Act shall be in Form O as set out in the First Schedule.
(2) The oath of allegiance required by section 12 of the Act to be taken by a person to whom a certificate of naturalisation has been granted shall be subscribed and attested before a commissioner of oaths who shall endorse the fact that it has been so subscribed and attested on the certificate of naturalisation and forward the document so subscribed and attested to a Citizenship Officer.
(3) An oath of allegiance such as is referred to in subregulation (1) shall be null and void unless subscribed and attested to as prescribed.
PART IV
Renunciation, resumption and deprivation of citizenship of Botswana (regs 21-25)
21. Declaration by person holding dual citizenship
A declaration of renunciation of citizenship of another country made by a person holding dual citizenship in terms of section 15 of the Act shall be in Form P as set out in the First Schedule and shall be recorded by a citizenship officer.
22. Declaration of renunciation of citizenship
(1) A declaration of renunciation of citizenship of Botswana under section 16 of the Act shall be in Form Q as set out in the First Schedule and shall be registered by a citizenship officer.
(2) A declaration referred to in subregulation (1) shall be signed by the declarant in the presence of a Commissioner of Oaths, and the Commissioner of Oaths shall, thereafter, record thereon the date, time and place at which the declaration was made and sign the same.
(1) A declaration for resumption of citizenship, as provided for under section 17 of the Act, shall be in Form R as set out in the First Schedule.
(2) A certificate for resumption of citizenship as provided for under section 17 of the Act, shall be in Form S as set out in the First Schedule.
24. Deprivation of citizenship
(1) An order made by the Minister under section 18 of the Act depriving a person of citizenship of Botswana shall be in the form approved by the Minister for the purposes of this regulation.
(2) Where an order is made by the Minister under section 18 of the Act depriving a person of citizenship of Botswana, the person having possession of the certificate of registration or naturalisation, if any, shall forthwith surrender the same to a Citizenship Officer, who shall dispose of it in such manner as the Minister may direct.
25. Notice of intention to retain citizenship
(1) A notice, to the Minister, of intention to retain citizenship of Botswana in terms of section 18(b)(v) of the Act, shall be made by means of a letter addressed to the Minister stating—
(a) the full name and postal address of the person giving the notice;
(b) the date and number of the certificate of naturalisation of the person giving notice;
(c) the date the person giving the notice last resided in Botswana or of his or her last giving of the notice of his or her intention to retain his or her citizenship of Botswana, as the case may be; and
(d) the intention of the person giving notice, to retain the citizenship of Botswana.
(2) The initial notice of intention to retain citizenship of Botswana shall be given to the Minister not later than the seventh anniversary of the date on which the person giving such notice last resided in Botswana and the subsequent notice shall be given to the Minister not later than the seventh anniversary of the date immediately preceding the occasion on which the initial notice was given to the Minister.
PART V
Supplementary (regs 26-32)
26. Additional evidence and information
For the purposes of assisting the President or the Minister, as the case may be, to determine an application for registration as a citizen of Botswana, or for a certificate of naturalisation in terms of these Regulations, a citizenship officer may call for, and obtain, such additional evidence and information as he or she considers necessary or expedient for the President or the Minister to have.
27. Contents of application forms and declarations
(1) Every application form referred to in these Regulations shall contain a—
(a) declaration for completion and signature by the applicant; and
(b) statement as to the time, date and place at which the declaration was made for completion and signature by a Commissioner of Oaths.
(2) If a form referred to in subregulation (1) is not completed and signed by the applicant in the presence of a Commissioner of Oaths, it shall be null and void.
(3) A declaration of intention to make an application for a certificate of naturalisation under section 14(2)(b) and a declaration of renunciation of citizenship of Botswana made under section 16 of the Act, shall be completed and signed by the declarant in the presence of a Commissioner of Oaths.
(4) If a declaration referred to in subregulation (3) is not completed and signed by the applicant in the presence of a Commissioner of Oaths, it shall be null and void.
28. Additional and qualified sponsors
(1) A citizen of Botswana who is a—
(a) Justice of Appeal;
(b) Judge of the High Court or the Industrial Court;
(c) Member of the National Assembly;
(d) Kgosi
(e) Magistrate;
(f) Senior public officer;
(g) Bank manager;
(h) Minister of religion;
(i) Authorised tribal officer of the rank of C2 and above
(j) Councillor;
(k) Legal practitioner; or
(l) Medical practitioner,
shall be qualified to be an additional sponsor for the purposes of these Regulations.
(2) In this regulation—
"minister of religion" means a minister of religion appointed as a marriage officer under the Marriage Act, and
"senior public officer" means any public officer of the rank of C2 and above.
The Minister may approve a form made for the purposes of these Regulations.
30. Certified copies of documents
A document may be certified to be a true copy of a document for the purposes of section 23 of the Act by means of a statement, in writing, to that effect, signed by a citizenship officer.
(1) The fees specified in the Second Schedule shall be payable in respect of matters specified therein, to a citizenship officer.
(2) The Minister may, in respect of any person or category of persons, waive or reduce any fee payable in terms of this subregulation.
FIRST SCHEDULE
CITIZENSHIP FORMS
FORM A
DECLARATION CONCERNING CITIZENSHIP OF BOTSWANA BY SETTLEMENT
REPUBLIC OF BOTSWANA
CITIZENSHIP ACT
(Cap. 01:01)
(Reg. 8(1))
PART I
DECLARATION
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I ............................................................................................................................ |
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of ........................................................................................................................... |
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................................................................................................................................ |
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do solemnly and sincerely declare that: |
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1. I was born at ....................................... in ............................................................. |
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on the ......................................... day of .............................................................. |
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2. I settled in ..........................................of .............................................................. |
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in the year ............................... and have continuously lived in Botswana since then. |
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3. I am a citizen of ................................................................................................... |
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4. (a) I have lived ordinarily as a member of the .................................................... |
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OR |
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(b) I have been customarily accepted as a member of the ..................................... |
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under Chief/ Headman ............................................................................... |
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OR |
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(c) I have lived ordinarily as a member of the ....................................................... |
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under Chief/Headman* ................................................................... |
*Delete whichever is not applicable.
PART II
CERTIFICATE BY CHIEF
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(a) I .................................................................................................................. |
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of ............................................................................... state that, I have known |
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............................................... since ........................................................... |
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who was customarily accepted as a member of ............................................... |
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or who lived ordinarily as a member of ............................................................. |
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OR |
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(b) I ................................................................................................... certify that |
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........................................................................ who has been identified to me |
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by ................................................. who is a tribal elder well known to me, that |
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the said ..................................................................... has lived ordinarily as a |
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member of the .............................................................................................. |
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since the year .............................................................................................. |
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.............................................................. |
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Date: ............................................ |
Stamp: ............................................ |
* Delete whichever is not applicable.
PART III
CERTIFICATE BY DISTRICT COMMISSIONER
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I ........................................................................................................................declare |
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that I have examined ................................................................................................ who |
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states to have settled in Botswana since ...................... from ........................................... |
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and has lived ordinarily as a member of the ........................................................................ |
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.................................................................... |
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Date stamp ............................................. |
* Delete whichever is not applicable.
PART IV
DECLARATION BY THE DECLARANT
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I ........................................................................... solemnly and sincerely declare that the particulars in Part I are to the best of my knowledge and belief, true. |
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...................................................... |
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Declared before me at ..........................................this .............................................. day |
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of ............................................................................................. 20 ........ |
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............................................................ Time:............ |
FORM B
CERTIFICATE OF CITIZENSHIP OF BOTSWANA BY SETTLEMENT
REPUBLIC OF BOTSWANA
CITIZENSHIP ACT
(Cap. 01:01)
(Reg. 8(2))
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Whereas .......................................................................................... has declared that he/she has lived in Botswana since ................................................... and was accepted as a member of the ........................................................ tribal community and has further declared that he/she intends to remain in that status; |
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NOW THEREFORE by this certificate the said ................................................. is declared to be a citizen of Botswana by settlement. |
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IN WITNESS WHEREOF I have hereto subscribed my name this ..................................... |
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................................................ |
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PARTICULARS RELATING TO APPLICANT |
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