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Swaziland - Constitution of the Kingdom of Swaziland Act 2005

  • Country: Swaziland
  • Law status: Discriminatory law in force
  • Law Type: Citizenship

Articles 43 and 44 of the Constitution of the Kingdom of Swaziland Act 2005 do not allow a Swazi woman to transfer her nationality to her children and foreign spouse on an equal basis with Swazi men.

Article 43. (1) A person born in Swaziland after the commencement of this Constitution is a citizen of Swaziland by birth if at the time of birth the father of that person was a citizen of Swaziland in terms of this Constitution.

(2) A person born outside Swaziland after the commencement of this Constitution is a citizen of Swaziland if at the time of birth the father of that person was a citizen of Swaziland in terms of this Constitution . . .

(4) Where a child born outside of marriage is not adopted by its father or claimed by that father in accordance with Swazi law and custom and the mother of that child is a citizen of Swaziland, the child shall be a citizen of Swaziland by birth . . .

Article 44. (1) A woman who is not a citizen of Swaziland at the date of her marriage to a person who is a citizen (otherwise than by registration) shall become a citizen by lodging a declaration in the prescribed manner with the Minister responsible for citizenship or with any Diplomatic Mission or Consular Office of Swaziland or at any other prescribed office, either before or at any time during the marriage, accepting Swaziland citizenship.

(2) A woman who lodges a declaration in terms of subsection (1) shall be a citizen from the date of her marriage, where the declaration is lodged before the marriage, or where the declaration is lodged after marriage, from date of lodgement . . .

Link to full law

Note:

Article 20(1) of the Constitution of the Kingdom of Swaziland Act 2005: All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.

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