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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.
(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
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.
(3)
This section applies to marriage whether before or after the commencement of this
Constitution.
Citizenship by registration
45.
(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)
(b)
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.
is of good character;
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