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The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. [3] [4] The Botswana nationality is typically obtained on the principle of jus sanguinis, i.e. by birth to parents with Botswana nationality. [5]
Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. [ 5 ] [ 6 ] Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by ...
The action, Unity Dow v Attorney-General (Botswana) (High Court of Botswana Misca. 124/1990), argued that the 1984 Citizenship Act was discriminatory because it did not allow children the equal ability to derive nationality from their parents. [4] Dow was an indigenous Mosarwa woman who had a child with Peter Nathan Dow, a US national, in 1979.
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation ...
Botswana, [c] officially the Republic of Botswana, [d] is a landlocked country in Southern Africa. Botswana is topographically flat, with approximately 70 percent of its territory part of the Kalahari Desert. It is bordered by South Africa to the south and southeast, Namibia to the west and north, Zambia to the north, and Zimbabwe to the northeast.
Zimbabweans are the most numerous nationality among registered foreign workers in Botswana. [11] More than half of Zimbabwean migrant workers are employed in mining and agricultural occupations, while others work in construction, real estate, retail, education, hospitality, health and manufacturing. As a result, a disproportionate number of ...
The Zimbabwean passport is issued to citizens of Zimbabwe primarily for international travel. It can also be used for identification in lieu of national registration card or drivers licence. It is the primary proof for citizenship which can be verified through the Registrar General's office in the Ministry of Home Affairs.
In 1990, Dow filed suit in the High Court of Botswana to challenge the Nationality law of Botswana. [3] Under the 1984 Citizenship Act, only illegitimate children could derive nationality through their mother. [15] As two of her three children with Peter were born after their marriage, they were not considered Batswana. [16]