Minister of Labour and Home Affairs Pius Mokgware told Parliament recently that any person who is a citizen of Botswana and also a citizen of another country shall no longer be required to renounce the other citizenship immediately before the attainment of the age of 21 years as previously required by Section 15(1) of the Citizenship Act. “The decision also means that a citizen of Botswana married to a citizen of another country and having acquired the citizenship of that other country by a voluntary and formal act will not lose the citizenship of Botswana as previously required by section 15 (4) of the Citizenship Act,” he added.
Mokgware announced that his ministry has addressed legislative and administrative processes to facilitate the implementation of the Citizenship Act to also provide for dual citizenship in respect of persons who have attained the age of majority. He was responding to a question from Kgatleng West's Member of Parliament, Unity Dow who had asked amongst others if spouses of beneficiaries of the dual-citizenship law will have a right to reside and work in Botswana. “The spouses of beneficiaries of the dual citizenship law have the right to reside and work in Botswana, as regulated and governed by the Immigration Act, 2010, No. 3 of 2011. The issuance of Work and/or Residence Permits to spouses of beneficiaries of the dual-citizenship law is subject to them meeting the set criteria which include, amongst others, security clearance and market demands hence they are issued permits if they satisfy the necessary requirements,” Mokgware further pointed out.
“The spouses of citizens are therefore expected to apply for the permits and their applications approved if the skill that they possess isn't locally available. This is the practice across the globe as every country gives priority to the citizens to secure employment before consideration can be made for non-citizens.” Background of the Dual Citizenship court win is that on April 29, 2022, the High Court of Botswana delivered a decision in a case in which Sithabile Pauline Mathe and others sought to have some Provisions of the Citizenship Act, Cap 01:01 of the laws of Botswana declared unconstitutional and therefore of no force and effect. In delivering judgment, the court made the following orders:(a) "Section 15 (1) of the Citizenship Act is inconsistent with, and is ultra vires Sections 3, 13, 14 and 15 of the Constitution and is accordingly struck down; and (b) Section 15 (4) of the Citizenship Act is inconsistent with, and ultra vires Sections 3, 13, 14 and 15 of the Constitution and is accordingly struck down. Mokgware clarified that amendment of the Citizenship Act and the consequential effect on the other laws as mentioned was done to comply with the High Court’s decision.
