Another citizenship battle ensues
In what looks like an echo from the past, a Motswana woman married to a Norwegian husband and her children are suing the Botswana government alleging violation of their rights. They argue that the children’s fundamental rights to citizenship are being violated, and no equal protection before the law as they are being denied dual citizenship.
Sitlhabile Pauline Mathe and her Norwegian husband Harvard Greger have two children born in Oslo, Norway namely Sunniva Moratiwa Greger Mathe and Jonas Nokwazi Greger Mathe.
According to Mathe’s founding affidavit file with the Gaborone High Court in June 2020, the two children were born in 2002 (19 and 2005 respectively, have Botswana and Norwegian passports and continue to live between the two countries.
Although the two children are yet to attain the age of 21, at 19 and 16 years respectively, they are faced with the painful possibility of renouncing either Botswana or Norwegian citizenship once they reach the age of 21, as required by the Act.
In a matter set to be heard today, the family is challenging the Act as they deem it arbitrary and a violation of the rule of law. “Because of this law, Sinniva and Jonase are compelled to abandon their birth land, their mother land, in order to retain the citizenship of their other parent, their father or mother. This differential treatment is solely based on their place of origin, on the fact that they originate from two countries-their place of origin. It is solely of this fact of birth that they are afforded differential treatment,” Mathe said.
Mathe believes that by such, the law is discriminatory either of itself or in its effect and therefore offend the Constitution of Botswana.
She said while the law allows citizens from other African countries who had attained the age of 21 years, and had been ordinarily resident in Botswana for five years to hold dual citizenship, however, her children’s rights to equality and non-discrimination stand to be violated solely on their place of their origin of time of birth.
“The advantage or privilege of dual citizenship here is only enjoyed by married persons. Notwithstanding that Sunniva and Jonas have not voluntaryily acquired Norwegian citizenship and may continue living in Botswana, they are not granted the same advantage of dual citizenship.
Sunniva and Jonas are afforded different treatment attributable wholly their marital status,” she argued. Moreover, she said in the event they choose to renounce their Norwegian citizenship, they are required by law to to take an oath of allegiance while in respect to a Motswana citizen by birth of the same age who holds a single citizenship this requirement does not apply.
Mathe said her children are made to feel like foreigners in their mother’s country simply because they were born to a father that grants them citizenship.
She argued that Sunniva and Jonas’ fundamental right to dignity and the right against inhuman and degrading treatment is violated.
According to her, there are less restrictive measures to achieve whatever ends the law serves other than through revocation of citizenship as it is shockingly punitive. “Finally, my fundamental rights stand to be infringed too. I verily believe that as their mother, they should have to choose whether they want the citizenship of the country where their mother was born or of their father’s origin. My own children should never be placed in a situation where they have to make that choice,” she added.
She also stated that her children’s rights to vote or stand for political office in Botswana is taken away by the law if they renounce their Botswana citizenship. Rockfall Lekgowe Group represent the plaintiffs and the case is before Justice Michael Leburu today.