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Republic of South Africa
Due Process in Nationality Decisions
cost of having to pursue these rights in a high court. There is no internal administrative appeal nor an appeal by an independent body. This leaves litigation as the only option for redress.
The Kingdom of Eswatini
Due Process in Nationality Decisions
The Kingdom of Eswatini scores 2,5 out of 8 for due process in nationality decisions. The Constitution has the general right to administrative justice, but the citizenship act does not make provision for reasons to be given in decisions around nationality, for instance. Where a person’s case may be heard before the Citizenship Board, this is appointed by the government, and there is no independent oversight body.
Zimbabwe
Due Process in Nationality Decisions
Zimbabwe scores 1.5 out of 8 for due process in nationality law decisions. The law does not provide for internal appeals and some decisions are not subject to court review. There is also no right not to be arbitrarily deprived of nationality. The law does however provide for a birth certificate to be considered prima facie evidence which shifts the burden of proof to the state when a person is in possession of such a document.
United Republic of Tanzania
Due Process in Nationality Decisions
Tanzania scores -1.5 out of 8 for due process in nationality law decisions. This low score is results from the Tanzanian Citizenship Act which expressly excludes the review or appeal of any decisions taken in terms of the Act. It expressly states that the Minister is not required to give reasons for these decisions. There is no right not to be arbitrarily deprived of nationality.
Republic of Botswana
Gender Equality in Nationality and Birth Registration Laws
Botswana scores -0,5 out of 8 for due process in nationality law decisions. The Botswana Constitution does not make provision for the right not to be deprived of citizenship. There are few due process provisions with regard to nationality and the law specifically excludes judicial review.
Republic of Angola
Due Process in Nationality Decisions
Angola scores 2 out of 8 for just administrative action. The Constitution includes the right to not be arbitrarily deprived of citizenship, but does not require nationality decisions to be reasoned and in writing. No administrative appeal is possible, but judicial review is available.
Madagascar
Due Process in Nationality Decisions
Madagascar scores 2 out of 8 for just administrative action. The law does not make provision for the right to just administrative action. However, decisions are required to be given in writing and there is the opportunity of appeal.