Mathe Family Battles Repressive Citizenship Act
Goitsemodimo Kaelo | Monday March 15, 2021 20:31
The State has denied that Sunniva Moratiwa Greger Mathe and Jonas Nokwazi Greger Mathe are compelled to abandon their birth land in a case in which the two and their mother Aithabile Pauline Mathe are suing the government of Botswana. The Mathes allege a violation of their rights. Their argument for the right to dual citizenship is a case similar to the Unity Dow (Attorney General v. Dow) one of the past.
The two children, Sunniva and Jonas, were born in Oslo, Norway in 2002 and 2005 respectively. They have Botswana and Norwegian passports and continue to live between the two countries. Although the two children are yet to attain the age of 21, they are faced with the painful possibility of renouncing either their Botswana or Norwegian citizenship once they reach 21, as required by the Act.
They have approached the court challenging the Act as they deem it arbitrary and a violation of the rule of law.
However, the government has denied the violation of the children’s rights in its defence of the matter. Molefi Keaja, who deposed the answering affidavit on behalf of the Ministry of Nationality, Immigration and Gender Affairs, has denied violation of the children’s rights.
He said rights have limits. “It should be noted that generally rights have limits and when one has a right, one may choose to exercise that right or not to. In terms of Section 15 (1) of the Citizenship Act, Sunniva and Jonas have a right to enjoy dual citizenship, however that right has a limit since they are required to choose which citizenship they are desirous of retaining immediately before the attainment of age of 21 years. The onus rests upon them to choose between the two citizenship,” he argued.
According to Keaja, the law as it is does not make an imposition on them.
He denied that Sunniva and Jonas’ rights to equality and non-discrimination are being violated. Keaja expressed confidence that the Citizenship Act is consistent with traditional international prescriptions. He explained that government may review the Act to make provision for dual citizenship under certain circumstances, such as, those in which the applicant’s children are in if it is deemed to be in the interest of the country to do so. He argued that the act of choosing cannot be deemed in law to constitute an inhuman and degrading treatment. This follows averments by the family that Sunniva and Jonas’ fundamental right to dignity and the right against inhuman and degrading treatment is violated.
Keaja further denied that when Sunniva and Jonas renounce any of their citizenship, their right to freedom of movement and association with their mother, friends and relatives stands to be violated and restricted by Immigration Laws.
He argued that in terms of Section 19 of the Immigration Act, 2010, No.3 of 2011, a non-citizen may remain in Botswana for a period of not more than 90 days in any one year.
Notwithstanding, he said, a non-citizen who is issued with a Visitor’s permit may seek authority to reside in the country for periods amounting in aggregate for not more than six months in any year at a fee of P500. “I pray that this honourable court dismisses the application with costs,” he said.