Constitution of the Kingdom of Swaziland, 2005 (b) 43. 44. 45. eSwatini where that person attained the age of majority before the commencement of this Constitution, within one year after that commencement (or within such extended period as the Board may allow). Citizenship by birth (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. (3) A person born outside Swaziland who becomes a citizen by virtue of subsection (2) shall cease to be a citizen if the father of that person was also born outside Swaziland unless, within one year after attaining the age of majority (or within such extended time as the Board may allow) that person notifies the Board in writing of the desire to retain the citizenship of Swaziland. (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. (5) A child adopted, whether before or after the commencement of this Constitution, under the legislation relating to the adoption of children or under customary law, shall, if not already a citizen, be deemed to be a citizen of Swaziland by birth if, at the time of adoption the adoptive parent was a citizen of Swaziland or would have been a citizen if this Constitution were in force. Citizenship by marriage (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. (3) This section applies to marriage whether before or after the commencement of this Constitution. Citizenship by registration (1) A person may acquire citizenship by registration where that person satisfies the Board on the conditions set out in subsection (2), (3) or (4). (2) The conditions for registration of a person are that the person— (a) has been ordinarily and lawfully resident in Swaziland— (i) for a continuous period of at least twelve months immediately preceding the date of application for registration; and (ii) for periods amounting in the aggregate to not less than five years during the seven years preceding the date of application for registration; (b) is of good character; (c) has an adequate knowledge of siSwati or English; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 20

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