CHAPTER 2
CITIZENSHIP
|
Article
4 - Acquisition and Loss of Citizenship |
| (1) |
The following persons
shall be citizens of Namibia by birth: |
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(a) |
those born in Namibia
before the date of Independence whose fathers or mothers would
have been Namibian citizens at the time of the birth of such
persons, if this Constitution had been in force at that time;
and |
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(b) |
those born in Namibia
before the date of Independence, who are not Namibian citizens
under Sub-Article (a) hereof, and whose fathers or mothers were
ordinarily resident in Namibia at the time of the birth of such
persons: provided that their fathers or mothers were not then
persons: |
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|
(aa) |
who were enjoying
diplomatic immunity in Namibia under any law relating to diplomatic
privileges; or |
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|
(bb) |
who were career
representatives of another country; or |
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|
(cc) |
who were members
of any police, military or security unit seconded for service
within Namibia by the Government of another country: provided
further that this Sub-Article shall not apply to persons claiming
citizenship of Namibia by birth if such persons were ordinarily
resident in Namibia at the date of Independence and had been
so resident for a continuous period of not less than five (5)
years prior to such date, or if the fathers or mothers of such
persons claiming citizenship were ordinarily resident in Namibia
at the date of the birth of such persons and had been so resident
for a continuous period of not less than five (5) years prior
to such date; |
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(c) |
those born in Namibia
after the date of Independence whose fathers or mothers are Namibian
citizens at the time of the birth of such persons; |
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(d) |
those born in Namibia
after the date of Independence who do not qualify for citizenship
under Sub-Article (c) hereof, and whose fathers or mothers are
ordinarily resident in Namibia at the time of the birth of such
persons: provided that their fathers or mothers are not then
persons: |
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|
(aa) |
enjoying diplomatic
immunity in Namibia under any law relating to diplomatic privileges;
or |
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|
(bb) |
who are career representatives
of another country; or |
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|
(cc) |
who are members
of any police, military or security unit seconded for service
within Namibia by the Government of another country; or |
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|
(dd) |
who are illegal
immigrants: |
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|
provided further
that Sub-Articles (aa), (bb), (cc) and (dd) hereof will not apply
to children who would otherwise be stateless. |
| (2) |
The following persons
shall be citizens of Namibia by descent: |
| |
(a) |
those who are not
Namibian citizens under Sub-Article (1) hereof and whose fathers
or mothers at the time of the birth of such persons are citizens
of Namibia or whose fathers or mothers would have qualified for
Namibian citizenship by birth under Sub-Article (1) hereof, if
this Constitution had been in force at that time; and |
| |
(b) |
who comply with
such requirements as to registration of citizenship as may be
required by Act of Parliament: provided that nothing in this
Constitution shall preclude Parliament from enacting legislation
which requires the birth of such persons born after the date
of Independence to be registered within a specific time either
in Namibia or at an embassy, consulate or office of a trade representative
of the Government of Namibia. |
| (3) |
The following persons
shall be citizens of Namibia by marriage: |
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(a) |
those who are not
Namibian citizens under Sub-Article (1) or (2) hereof and who: |
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|
(aa) |
in good faith marry
a Namibian citizen or, prior to the coming into force of this
Constitution, in good faith married a person who would have qualified
for Namibian citizenship if this Constitution had been in force;
and |
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|
(bb) |
subsequent to such
marriage have ordinarily resided in Namibia as the spouse of
such person for a period of not less than two (2) years; and |
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|
(cc) |
apply to become
citizens of Namibia; |
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(b) |
for the purposes
of this Sub-Article (and without derogating from any effect that
it may have for any other purposes) a marriage by customary law
shall be deemed to be a marriage: provided that nothing in this
Constitution shall preclude Parliament from enacting legislation
which defines the requirements which need to be satisfied for
a marriage by customary law to be recognised as such for the
purposes of this Sub-Article. |
| (4) |
Citizenship by registration
may be claimed by persons who are not Namibian citizens under
Sub-Articles (1), (2) or (3) hereof and who were ordinarily resident
in Namibia at the date of Independence, and had been so resident
for a continuous period of not less than five (5) years prior
to such date: provided that application for Namibian citizenship
under this Sub-Article is made within a period of twelve (12)
months from the date of Independence, and prior to making such
application, such persons renounce the citizenship of any other
country of which they are citizens. |
| (5) |
Citizenship by naturalisation
may be applied for by persons who are not Namibian citizens under
Sub-Articles(1), (2), (3) or (4) hereof and who: |
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(a) |
are ordinarily resident
in Namibia at the time when the application for naturalisation
is made; and |
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(b) |
have been so resident
in Namibia for a continuous period of not less than five (5)
years (whether before or after the date of Independence); and |
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(c) |
satisfy any other
criteria pertaining to health, morality, security or legality
of residence as may be prescribed by law. |
| (6) |
Nothing contained
herein shall preclude Parliament from authorizing by law the
conferment of Namibian citizenship upon any fit and proper person
by virtue of any special skill or experience or commitment to
or services rendered to the Namibian nation either before or
at any time after the date of Independence. |
| (7) |
Namibian citizenship
shall be lost by persons who renounce their Namibian citizenship
by voluntarily signing a formal declaration to that effect. |
| (8) |
Nothing in this
Constitution shall preclude Parliament from enacting legislation
providing for the loss of Namibian citizenship by persons who,
after the date of Independence: |
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(a) |
have acquired the
citizenship of any other country by any voluntary act; or |
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(b) |
have served
or volunteered to serve in the armed or security forces of any
other country without the written permission of the Namibian
Government; or |
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(c) |
have taken up permanent
residence in any other country and have absented themselves thereafter
from Namibia for a period in excess of two (2) years without
the written permission of the Namibian Government: |
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provided that no
person who is a citizen of Namibia by birth or descent may be
deprived of Namibian citizenship by such legislation. |
| (9) |
Parliament shall
be entitled to make further laws not inconsistent with this Constitution
regulating the acquisition or loss of Namibian citizenship. |