Mmegi

Another citizenshi­p battle ensues

- GOITSEMODI­MO KAELO

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.

 ?? PIC: MORERI SEJAKGOMO ?? Leburu
PIC: MORERI SEJAKGOMO Leburu

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