Malawi Act or statute

Malawi legislation

Malawi Citizenship Act, 1966

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Jurisdiction: Malawi
Structure: 36 provisions
Citation: Act 28 of 1966
Official identity: Year 1966
Dates: Enacted 1966 · Source version 31 Dec 2014

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Official identity: Year 1966
Dates: Enacted 1966 · Source version 31 Dec 2014

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Purpose and legislative effect

“This provision says the Act may be cited as the Malawi Citizenship Act.”

This provision says the Act may be cited as the Malawi Citizenship Act. This section defines key terms and lets any person make a solemn affirmation instead of taking the Oath of Allegiance when that oath is required. A person who was a citizen of Malawi on 5 July 1966 continued to be a citizen after that date. A person born in Malawi after 5 July 1966 becomes a citizen at birth if one parent is a Malawian citizen, unless the stated wartime/occupation exception applies. A person born outside Malawi after 5 July 1966 becomes a citizen of Malawi at birth if either parent is a Malawian citizen by birth.

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Enacted 1966 · Source version 31 Dec 2014. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title

This provision says the Act may be cited as the Malawi Citizenship Act.

Section 1

Acquisition of other citizenship by any other means

A Malawi citizen who acquires another citizenship in these circumstances may lose Malawi citizenship unless they file the required written declaration in time.

Section 10

Conferment of citizenship in special circumstances

The Minister may confer Malawi citizenship on any person in special circumstances, at the Minister’s discretion.

Section 19

Restoration of citizenship

The Minister may restore Malawian citizenship to a person who lost it, but the person must provide required evidence within three months (or any longer period allowed) or the restoration will be cancelled.

Section 27

Section 36

This section saves earlier citizenship certificates, renunciations, declarations, orders, and oaths by treating them as valid under this Act.

Section 36

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Source record from malawilii.org · Enacted 1966 · Source version 31 Dec 2014

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Showing 36 of 36 provisions

Provision 29Commencement 2Offence 2Short title

Part I

Preliminary

§ 1Short titleShort title

This provision says the Act may be cited as the Malawi Citizenship Act.

1. Short title This Act may be cited as the Malawi Citizenship Act.

Section 1Verify source

§ 2InterpretationCommencement

This section defines key terms and lets any person make a solemn affirmation instead of taking the Oath of Allegiance when that oath is required.

2. Interpretation (1) In this Act, unless the context otherwise requires— “ alien ” means a person who is not a Commonwealth citizen; “ British protected person ” means a person who is a British protected person for the purpose of the British Nationality Act, 1948, of the United Kingdom; [11 & 12] [Geo. 6, c. 56] “ certificate of naturalization ” means a certificate of naturalization granted under this Act; “ Commonwealth country ” means Malawi, any other country for the time being included in the First Schedule, and any colony, protectorate, trust territory, or other dependency of any such country; “ foreign country ” means any country that is not a Commonwealth country ; “ Malawi consulate ” means an office of a diplomatic or consular officer of the Government of Malawi where a register of births or residents is kept or, where there is no such office, such office as may be prescribed; “ minor ” means a person who has not attained the age of twenty-one years; “ oath of allegiance ” means the oath prescribed in the Second Schedule. (2) A person shall, for the purposes of this Act, be of full age if he has attained the age of 21 years or if, being a woman under that age, she has been married, and shall be of full capacity if he or she is not of unsound mind. (3) (a) Any reference in this Act to the national status of the father of a person at the time of that person’s birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father’s death. (b) Where the death referred to in paragraph (a) occurred before the 6th July, 1966, and the birth occurred after the 5th July, 1966, the national status that the father would have had if he had died on the 6th July, 1966, shall be deemed to be his national status at the time of his death. (4) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. (5) Where after the commencement of this Act a newborn infant is found abandoned within Malawi that infant shall, unless the contrary is shown, be deemed to have been born within Malawi of parents possessing citizenship of Malawi. (6) Where an Oath of Allegiance is required to be taken under this Act, any person may, instead of taking the oath, make a solemn Affirmation in the form of the oath hereby appointed, substituting the words “solemnly, sincerely and truly declare and affirm” for the word “swear”, and omitting the words “so help me God”. [22 of 1992]

Section 2Verify source

Part II

Citizenship by birth and descent

§ 3Citizens on 5th July, 1966Provision

A person who was a citizen of Malawi on 5 July 1966 continued to be a citizen after that date.

3. Citizens on 5th July, 1966 Every person who on the 5th day of July, 1966, was under any existing law a citizen of Malawi, shall continue to be a citizen of Malawi after that date.

Section 3Verify source

§ 4Citizenship by birthProvision

A person born in Malawi after 5 July 1966 becomes a citizen at birth if one parent is a Malawian citizen, unless the stated wartime/occupation exception applies.

4. Citizenship by birth Every person born in Malawi after the 5th day of July, 1966, shall become a citizen of Malawi on the date of his birth if one of his parents is a citizen of Malawi: Provided that this subsection shall not apply to a person whose father is a citizen of a country with which Malawi is at war and the birth occurs at a place then under occupation by the enemy. [5 of 1971] [22 of 1992]

Section 4Verify source

§ 5Citizenship by descentProvision

A person born outside Malawi after 5 July 1966 becomes a citizen of Malawi at birth if either parent is a Malawian citizen by birth.

5. Citizenship by descent A person born outside Malawi after the 5th day of July, 1966, shall become a citizen of Malawi on the date of his birth if his father or mother is a citizen of Malawi by birth. [22 of 1992]

Section 5Verify source

Part III

Dual citizenship

§ 6Dual citizenship of persons of full age not permittedProvision

An adult citizen of Malawi cannot also be a citizen of another country.

6. Dual citizenship of persons of full age not permitted (1) No citizen of Malawi, being a person of full age and capacity, shall be entitled to be also a citizen of any other country. (2) A citizen of Malawi, being a person of full age and capacity, who is also to his own knowledge a citizen of any other country, shall be liable to deprivation of citizenship of Malawi in accordance with section 24 . (3) For the purposes of subsection (2) such knowledge shall be presumed from the possession by that person of a passport or document of the like nature of any country, or the exercise in relation to any other country of any other right or privilege accorded exclusively to citizens of that country.

Section 6Verify source

§ 7Dual citizenship of minorsProvision

A Malawi citizen who is also known to be a citizen of another country at age 21 will stop being a Malawi citizen on the 22nd birthday unless the person completes the listed oath and declarations before then.

7. Dual citizenship of minors (1) Any person who upon the attainment of twenty-one years of age is a citizen of Malawi and also, to his own knowledge, a citizen of some other country shall upon his twenty-second birthday cease to be a citizen of Malawi unless before that day he has— (a) taken an oath of allegiance in the form specified in the Second Schedule; and (b) made a declaration in writing in the form specified in the Third Schedule of his intention to retain citizenship of Malawi; and (c) made a declaration in writing in the form specified in the Fourth Schedule renouncing, so far as it lies within his power, citizenship of that other country, and (d) made a declaration in writing in the form specified in the Fifth Schedule of his intention to reside permanently in Malawi. (2) For the purposes of subsection (1) section 6 (2) shall apply.

Section 7Verify source

§ 8Acquisition of other citizenship by voluntary actProvision

A Malawian citizen who is of full age and capacity and voluntarily acquires another country's citizenship (other than by marriage) ceases to be a citizen of Malawi on the day of that acquisition.

8. Acquisition of other citizenship by voluntary act A citizen of Malawi, being a person of full age and capacity, who acquires by voluntary act other than marriage the citizenship of some country other than Malawi shall cease, on the day upon which he acquires such other citizenship, to be a citizen of Malawi.

Section 8Verify source

§ 9Acquisition of other citizenship by marriageProvision

A Malawian woman who gets another citizenship through marriage loses Malawian citizenship on the first anniversary unless she gives the required written declaration beforehand.

9. Acquisition of other citizenship by marriage A citizen of Malawi, being a woman, who acquires by marriage the citizenship of some country other than Malawi shall cease on the first anniversary of the date of that marriage to be a citizen of Malawi unless, before that anniversary, she has made a declaration in writing— (a) in the form specified in the Third Schedule, of her intention to retain citizenship of Malawi; and (b) in the form specified in the Fourth Schedule, renouncing, so far as it lies within her power, citizenship of that other country.

Section 9Verify source

§ 10Acquisition of other citizenship by any other meansProvision

A Malawi citizen who acquires another citizenship in these circumstances may lose Malawi citizenship unless they file the required written declaration in time.

10. Acquisition of other citizenship by any other means (1) A citizen of Malawi, being a person of full age, who acquires by any means other than by voluntary act or by marriage the citizenship of some country other than Malawi shall cease on the first anniversary of the date of such acquisition to be a citizen of Malawi unless, before that anniversary, he has made a declaration in writing— (a) in the form specified in the Third Schedule, of his intention to retain citizenship of Malawi; and (b) in the form specified in the Fourth Schedule, renouncing so far as it lies within his power citizenship of that other country. (2) A citizen of Malawi who is not of full age who acquires by any means other than by voluntary act or by marriage the citizenship of some country other than Malawi shall upon his twenty-second birthday cease to be a citizen of Malawi unless before that day he had made the declaration required by subsection (1).

Section 10Verify source

§ 11Period allowed for exercise of option as to citizenshipProvision

If a person covered by sections 7, 9 or 10 is of unsound mind, the period is counted from when they regain sound mind. The Minister or an authorized public officer may allow extra time if the person missed the period for reasons not due to their own misconduct, default, or wilful neglect.

11. Period allowed for exercise of option as to citizenship The following provisions shall apply in relation to the period prescribed in section 7 , 9 or 10 whereby, at the expiration of the specified period a person shall cease to be a citizen of Malawi unless he has complied with the further provisions of such section— (a) Where any person to whom section 7 , 9 , or 10 applies is of unsound mind at the beginning of the period prescribed by the section, or becomes of unsound mind during that period, the period prescribed shall be reckoned from the date upon which that person ceases to be of unsound mind; (b) Where the Minister, or any public officer so authorized by the Minister, is satisfied that any person to whom section 7 , 9 or 10 applies, failed by reason of any circumstances not attributable to such person’s own misconduct, default or wilful neglect, within the period prescribed by the relevant section to comply with that section, he may direct that such longer period shall be allowed in relation to that person as will permit that person an opportunity of complying with that section.

Section 11Verify source

Part IV

Citizenship by registration and naturalization

§ 12Commonwealth citizensProvision

This section defines who counts as a Commonwealth citizen and lets the Minister change the list of Commonwealth countries by Gazette order.

12. Commonwealth citizens (1) Every person who under the Constitution, or under this Act is a citizen of Malawi, or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen. (2) Every person who under the British Nationality Act, 1948, of the United Kingdom, is a citizen of the United Kingdom and Colonies, a British protected person , a British subject, or a British subject without citizenship shall, by virtue of that status, have the status of a Commonwealth citizen. [11 & 12] [Geo.6, c. 56] (3) The countries to which this section applies shall be those Commonwealth countries for the time being listed in the First Schedule. (4) The Minister may by order published in the Gazette add the name of a country to, or delete the name of a country from, the list of Commonwealth countries referred to in subsection (3).

Section 12Verify source

§ 13Registration of Commonwealth citizensProvision

A qualified Commonwealth citizen may be registered as a citizen of Malawi if the person applies correctly, satisfies the Minister on residence, language, character, and suitability, and makes the required written declaration.

13. Registration of Commonwealth citizens (1) Subject to subsection (2), any Commonwealth citizen, being a person of full age and capacity, on making application therefor in the manner prescribed by section 28 , may be registered as a citizen of Malawi if he satisfies the Minister— (a) that he is ordinarily resident in Malawi, and has been so resident for a period of five years; and (b) that he has an adequate knowledge of a prescribed vernacular language or of the English language; and (c) that he is of good character; and (d) that he would be a suitable citizen of Malawi. (2) A person shall not be registered as a citizen of Malawi under this section unless, at the time of application, he makes a declaration in writing— (a) of his willingness to take an oath of allegiance in the form specified in the Second Schedule; (b) of his willingness to renounce any other nationality or citizenship he may possess; and (c) of his intention to continue to reside permanently in Malawi.

Section 13Verify source

§ 14Registration of citizens of certain African statesProvision

Some people in the covered class may be registered as citizens of Malawi if they are adults with capacity, apply in the prescribed manner, satisfy the Minister, and make the required written declaration.

14. Registration of citizens of certain African states (1) Subject to subsection (2), a person of a class to which this section applies, being a person of full age and capacity, on making application therefor to the Minister in the manner prescribed by section 28 , may be registered as a citizen of Malawi if he satisfies the Minister in respect of all the requirements specified in section 13 (1) (a), (b), (c) and (d). (2) A person shall not be registered as a citizen of Malawi under this section unless at the time of application he makes a declaration in writing in respect of all the matters specified in section 13 (2) (a), (b) and (c). (3) The Minister may, where he is satisfied that it is desirable so to do, by order published in the Gazette declare that citizens or residents, or any class of citizens or residents, of any State or territory, or any part thereof, on the continent of Africa shall be persons of a class to which this section applies.

Section 14Verify source

§ 15Registration of persons with close connexion with MalawiProvision

People with a close connexion with Malawi may apply to be registered as citizens, but younger applicants have special limits and adults must make a written declaration.

15. Registration of persons with close connexion with Malawi (1) Subject to subsections (2) and (3), any person who satisfies the Minister that he has a close connexion with Malawi (as defined in subsection (2)) and who is not otherwise qualified under this Act to be registered as a citizen of Malawi may be so registered on making application therefor to the Minister in the manner prescribed by section 28 : Provided that a person who has not attained the age of 21 years (other than a woman who is or has been married) may not himself make an application under this section, but an application may be made on his behalf by his parents or guardian. (2) For the purposes of subsection (1), a person has a close connexion with Malawi if, and shall not be regarded as having such a connexion unless, he satisfies the Minister that— (a) (i) he was born in Malawi; or (ii) that he has been ordinarily resident in Malawi for a period of not less than 20 years; or (iii) that he is permanently resident in Malawi and was born in Malawi or in Mozambique north of the Zambesi River and that both his parents were born in either Mozambique north of the Zambesi River or in Malawi; and (b) in addition he fulfils all the requirements specified in section 13 (1) (a), (b), (c) and (d). (3) A person of full age shall not be registered as a citizen of Malawi under this section unless at the time of application he makes a declaration in writing in respect of all the matters specified in section 13 (2) (a), (b) and (c). (4) Registration under this section, in accordance with the proviso to subsection (1), shall not exempt any person from compliance with the requirements, of section 7 , relating to dual citizenship.

Section 15Verify source

§ 16Registration of wives of Malawi citizensProvision

Some eligible women married to Malawi citizens may apply to be registered as citizens of Malawi, but only if they meet the stated conditions and make the required written declarations.

16. Registration of wives of Malawi citizens (1) Subject to subsection (2), any woman, being a person of full capacity, who has been married to a citizen of Malawi or to a person who would but for his death have become a citizen of Malawi on 6th July, 1966, may be registered as a citizen of Malawi, notwithstanding that she is an alien , on making application therefor to the Minister in the manner prescribed by section 28 , if she satisfies the Minister that she fulfils all the requirements specified in section 13 (1) (a), (b), (c) and (d). (2) A woman shall not be registered as a citizen of Malawi under this section unless at the time of application she makes a declaration in writing— (a) of her willingness to take an oath of allegiance in the form specified in the Second Schedule; and (b) of her willingness to renounce any other nationality or citizenship she may possess; and (c) in the case of a woman who is widowed, divorced or separated from her husband, of her intention to continue to reside permanently in Malawi.

Section 16Verify source

§ 17Registration of minor children of Malawi citizensProvision

A minor child of a Malawi citizen may be registered as a citizen if a parent or guardian applies and the Minister is satisfied about the child’s residence, language knowledge, good character, and suitability.

17. Registration of minor children of Malawi citizens (1) Subject to subsections (2) and (3), the minor child of any citizen of Malawi may, upon application made in the manner prescribed by section 28 by a parent or guardian of that child, be registered as a citizen of Malawi, provided the Minister is satisfied that the minor child— (a) is ordinarily resident in Malawi; and (b) has an adequate knowledge of a prescribed vernacular language or the English language; and (c) is of good character; and (d) would be a suitable citizen of Malawi. (2) A minor child shall not be registered as a citizen of Malawi under this section unless at the time of application the parent or guardian making application on the child’s behalf makes on his own behalf a declaration in writing of his intention to continue to reside permanently in Malawi. (3) Registration under this section shall not exempt a minor child, who after registration as a citizen of Malawi retains under the law of some other country citizenship of that country, from compliance with the requirements of section 7 , relating to dual citizenship.

Section 17Verify source

§ 18Registration of stateless personsCommencement

A stateless person may be entitled to register as a citizen of Malawi if the stated conditions are met, but applicants under 21 generally cannot apply for themselves.

18. Registration of stateless persons (1) Subject to subsection (2) a person shall be entitled on making application therefor in the manner prescribed by section 28 to be registered as a citizen of Malawi if he satisfies the Minister— (a) that he is and always has been stateless; and (b) that he was born within Malawi or that one of his parents was a citizen of Malawi at the time when he was born; and (c) that he is ordinarily resident in Malawi, and has been so resident for a period of three years immediately preceding the application; and (d) that he has neither been convicted of an offence, or detained for behaviour, prejudicial to public security, nor has been sentenced to imprisonment for a term of five years or more on any criminal charge. (2) A person shall not be registered as a citizen of Malawi under this section unless, at the time of application, he makes a declaration in writing— (a) of his willingness to take an oath of allegiance in the form specified in the Second Schedule; and (b) of his intention to continue to reside permanently in Malawi. (3) Subsection (1) shall apply to persons born before as well as to persons born after the commencement of this Act, and paragraph (b) of that subsection shall apply to persons born illegitimate as well as to persons born legitimate. (4) A person who has not attained the age of 21 years (other than a woman who is or has been married) may not himself make an application under this section, but an application may be made on his behalf by his parent or guardian.

Section 18Verify source

§ 19Conferment of citizenship in special circumstancesProvision

The Minister may confer Malawi citizenship on any person in special circumstances, at the Minister’s discretion.

19. Conferment of citizenship in special circumstances Notwithstanding any other provisions in this Act contained the Minister may, in such special circumstances as he in his discretion thinks fit, confer upon any person citizenship of Malawi, and thereupon that person shall become a citizen of Malawi.

Section 19Verify source

§ 20Effect of registrationProvision

People registered as citizens of Malawi become citizens on the registration date, but adult registrants (except those covered by section 19) must provide proof within three months, unless extra time is allowed.

20. Effect of registration (1) Subject to subsection (2), any person registered as a citizen of Malawi under this Act shall become a citizen of Malawi by registration on the date on which he is so registered. (2) If a person of full age who is registered as a citizen of Malawi under this Act other than a person upon whom citizenship has been conferred in accordance with section 19 does not produce to such officer as the Minister may appoint in that behalf, within three months of being so registered, or within such further period as the Minister or such officer may allow, evidence sufficient to satisfy such officer— (a) that he has renounced any other nationality or citizenship which he may have possessed; and (b) that he has taken an oath of allegiance in the form specified in the Second Schedule; and (c) if the circumstances of the case so require, that he has made a declaration, in the form specified in the Fifth Schedule, of his intention to reside permanently in Malawi, the registration of that person as a citizen of Malawi shall be cancelled and he shall be deemed never to have been so registered.

Section 20Verify source

§ 21Naturalization of aliensProvision

An eligible adult alien may be granted Malawian naturalization if they apply to the Minister and satisfy the listed residency, language, character, solvency, and suitability conditions.

21. Naturalization of aliens (1) Subject to subsection (2), any alien , being a person of full age and capacity, on making application therefor to the Minister in the manner prescribed in section 28 , may be granted a certificate of naturalization as a citizen of Malawi if he satisfies the Minister— (a) that he is ordinarily resident in Malawi and has been so resident for a period of seven years immediately preceding the application; and (b) that he has an adequate knowledge of a prescribed vernacular language or of the English language; and (c) that he is of good character; and (d) that he is financially solvent; and (e) that he would be a suitable citizen of Malawi. (2) An alien shall not be granted a certificate of naturalization as a citizen of Malawi under this section unless at the time of application he makes a declaration in writing in respect of all the matters specified in section 13 (2) (a), (b) and (c).

Section 21Verify source

§ 22Effect of naturalizationProvision

A naturalized person becomes a citizen of Malawi on the grant date, but must later provide proof of renunciation of other nationality, an oath of allegiance, and an intention to reside permanently in Malawi within the stated time.

22. Effect of naturalization (1) Subject to subsection (2), an alien to whom a certificate of naturalization as a citizen of Malawi is granted under this Act shall become a citizen of Malawi by naturalization from the date of the grant of the certificate. (2) If a person to whom a certificate of naturalization as a citizen of Malawi has been granted under this section does not produce to such officer as the Minister may appoint in that behalf, within three months of such certificate being granted, or within such further period as the Minister or such officer may allow, evidence sufficient to satisfy such officer— (a) that he has renounced any other nationality or citizenship which he may have possessed; and (b) that he has taken an oath of allegiance in the form specified in the Second Schedule; and (c) that he has made declaration, in the form specified in the Fifth Schedule of his intention to reside permanently in Malawi, the naturalization of that person as a citizen of Malawi shall be cancelled and he shall be deemed never to have been so naturalized.

Section 22Verify source

Part V

Renunciation and deprivation of citizenship

§ 23Renunciation of citizenshipProvision

A qualified Malawi citizen may renounce citizenship by declaration, and the Minister may register or refuse that declaration.

23. Renunciation of citizenship (1) If any citizen of Malawi of full age and capacity, who is a citizen of any other country, or who satisfies the Minister that he will become a citizen of any other country, makes a declaration in the form set forth in the Sixth Schedule of his renunciation of citizenship of Malawi, the Minister may cause the declaration to be registered and, upon its being so registered that person shall cease to be a citizen of Malawi: Provided that if a person who has made a declaration of renunciation in accordance with this section does not become a citizen of any other country as aforesaid within three months of the date of his making such declaration of renunciation, he shall be deemed to be, and to have remained, a citizen of Malawi, notwithstanding the making by him of such declaration: Provided further that forthwith upon his being restored to citizenship of Malawi, any such person shall take an oath of allegiance in the form specified in the Second Schedule, and if that person declines, neglects or omits to take the said oath of allegiance his citizenship of Malawi shall not be restored to him. (2) The Minister may refuse to register any such declaration of renunciation of citizenship of Malawi if it is made during any war in which Malawi is engaged or if, in his opinion, it is otherwise contrary to public policy to register the declaration.

Section 23Verify source

§ 24Deprivation of citizenship of persons who exercise certain rights in other countriesProvision

The Minister may deprive a Malawi citizen of citizenship, except a citizen by birth or descent, if the person voluntarily used an exclusive foreign-citizen right and the Minister considers continued citizenship contrary to the public good.

24. Deprivation of citizenship of persons who exercise certain rights in other countries The Minister may by order deprive any citizen of Malawi, other than a citizen of Malawi by birth or descent, of his citizenship if the Minister is satisfied that that person has at any time while a citizen of Malawi and of full age and capacity voluntarily claimed and exercised in any other country any right available to him under the law of that country, being a right accorded exclusively to its own citizens, and that it is not conducive to the public good that he should continue to be a citizen of Malawi.

Section 24Verify source

§ 25Deprivation of citizenship in other casesProvision

The Minister may deprive certain Malawi citizens of citizenship, but only under the section’s conditions and with notice and inquiry rights.

25. Deprivation of citizenship in other cases (1) Subject to this section, the Minister may by order deprive of his citizenship any citizen of Malawi, other than a citizen of Malawi by birth or descent, if he is satisfied that such citizenship was acquired, wholly or partially, by means of or as a result of fraud, false representation or the concealment of any material fact. (2) Subject to this section, the Minister may by order deprive of his citizenship any citizen of Malawi other than a citizen of Malawi by birth or descent, if he is satisfied that that citizen— (a) has shown himself by act or speech to be disloyal or disaffected towards the Government of Malawi; (b) has, during any war in which Malawi was engaged, unlawfully traded or communicated with any enemy or been engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist an enemy in that war; or (c) has, within seven years after becoming naturalized, been sentenced in any country to imprisonment for a term of not less than twelve months; or (d) has been ordinarily resident outside Malawi for a continuous period of seven years and during that period has not registered annually in the prescribed manner with a Malawi diplomatic or consular office abroad, or has not notified the Minister in writing of his intention to retain his citizenship of Malawi. (3) The Minister shall not deprive a person of citizenship under this section unless he is satisfied that it is not conducive to the public good that that person should continue to be a citizen of Malawi. (4) Before making an order under this section, the Minister shall give the person against whom the order is proposed to be made notice in writing informing him of the ground on which it is proposed to make, and of his right to, an inquiry under this section; and, if that person applies for an inquiry, the Minister shall refer the case to a committee of inquiry consisting of a chairman, being a person possessing judicial experience, appointed by the Minister and of such other members appointed by the Minister as he thinks proper.

Section 25Verify source

§ 26Effect of renunciation or deprivationOffence

If the Minister makes a deprivation order under the Act, the affected Malawi citizen stops being a citizen when the order is made.

26. Effect of renunciation or deprivation (1) A citizen of Malawi who is deprived of his citizenship by an order of the Minister under this Act shall, upon making of the order, cease to be a citizen of Malawi. (2) The renunciation by any person of his Malawi citizenship or the deprivation of any person’s Malawi citizenship under this Act shall not affect the liability of that person for any offence committed by him before the renunciation or deprivation of his citizenship.

Section 26Verify source

§ 27Restoration of citizenshipProvision

27. Restoration of citizenship (1) Subject to subsection (2), the Minister, may, if he considers it desirable on taking into account all the circumstances of a case, restore citizenship of Malawi to a person who has lost such citizenship whether voluntarily by a declaration of renunciation of citizenship under section 23 , or involuntarily by reason of Part III of this Act. (2) If a person to whom restoration of citizenship of Malawi has been granted under this section does not produce to such officers as the Minister may appoint in that behalf, within three months or within such further period as the Minister or such officer may allow, evidence sufficient to satisfy such officer— (a) that he has renounced any other nationality or citizenship which he may have possessed; and (b) that he has taken an oath of allegiance in the form specified in the Second Schedule, (notwithstanding that such person may at some previous time already have taken the oath of allegiance or made a declaration of renunciation or other citizenship), the restoration of citizenship of Malawi to that person shall be cancelled.

Section 27Verify source

Part VI

Supplemental

§ 28Manner of making applicationsProvision

Applications under this Act must be made to the Minister and meet the stated form, fee, evidence, and verification requirements.

28. Manner of making applications Every application under this Act— (a) shall be made to the Minister; (b) shall be accompanied by the prescribed fee (if any); (c) where the form of any such application is prescribed, shall be made in such form, with such variations as the circumstances require and the Minister accepts; (d) shall be supported by such evidence of the statements made therein as may be prescribed under this Act or as the Minister may require; and (e) shall be verified by a declaration made before a magistrate or commissioner for oaths.

Section 28Verify source

§ 29Decision of Minister to be finalProvision

The Minister does not have to give reasons for granting or refusing an application, and the Minister’s decision cannot be appealed or reviewed by a court.

29. Decision of Minister to be final The Minister shall not be required to assign any reason for the grant or refusal of any application under this Act and the decision of the Minister on any such application shall not be subject to appeal to or review in any court.

Section 29Verify source

§ 30Certificate of citizenship in cases of doubtProvision

The Minister may issue a certificate saying a person is a citizen of Malawi when citizenship is in doubt.

30. Certificate of citizenship in cases of doubt The Minister may in such cases as he thinks fit, on the application of any person with respect to whose citizenship of Malawi a doubt exists, whether on a question of fact or law, certify that that person is a citizen of Malawi, and a certificate issued under this section shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that that person was such a citizen on the date thereof but without prejudice to any evidence that he was such a citizen at an earlier date.

Section 30Verify source

§ 31Renunciation of citizenship of other countriesProvision

If a person must renounce another country’s nationality or citizenship but that country has no renunciation process, the person must make the declaration in Schedule 3 or 4, as appropriate.

31. Renunciation of citizenship of other countries Where, under this Act, a person is required to renounce the nationality or citizenship of any country other than Malawi and the law of that country makes no provision for the renunciation of nationality or citizenship, that person shall make the declaration specified in the Third Schedule, or the declaration specified in the Fourth Schedule, as the circumstances of the case may require, and a person who makes any such declaration shall be treated as having complied with any such requirement.

Section 31Verify source

§ 32EvidenceProvision

This section says certain documents and register entries made under the Act must be accepted as evidence.

32. Evidence (1) Every document purporting to be a notice, certificate, order or declaration, or any entry in a register, or subscription of an oath of allegiance or declaration of renunciation, given, granted or made under this Act, shall be received in evidence, and shall, unless the contrary is proved, be deemed to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made. (2) Prima facie evidence of any document of the kind mentioned in subsection (1) may be given by production of a document purporting to be certified as a true copy thereof by such person and in such manner as may be prescribed. (3) Any entry in a register made under this Act shall be received as evidence of the matters stated in the entry.

Section 32Verify source

§ 33OffencesOffence

A person must not make false or recklessly false statements to get something done or not done under the Act, and must not fail to meet regulations about handing over citizenship, naturalization, or registration certificates.

33. Offences (1) Any person who, for the purpose of procuring any thing to be done or not to be done under this Act, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be liable to a fine of £500 and to imprisonment for three years. (2) Any person who fails to comply with any requirement imposed on him by regulations made under this Act with respect to the delivering up of certificates of citizenship, naturalization or registration shall be liable to a fine of £100 and to imprisonment for six months.

Section 33Verify source

§ 34RegulationsAmendment

The Minister may make regulations about registration, oaths of allegiance, notices, certificates, births and deaths outside Malawi, forms, and fees.

34. Regulations The Minister may make regulations— (a) for prescribing any matter which is to be prescribed under this Act; (b) for the registration of anything required or authorized under this Act to be registered; (c) for the administration and taking of oaths of allegiance under this Act, for the time within which oaths of allegiance shall be taken and for the registration of oaths of allegiance; (d) for the giving of any notice required or authorized to be given to any person under this Act; (e) for the cancellation of the registration of, and the cancellation or amendment of certificates of naturalization relating to, persons deprived of citizenship under this Act, and for requiring such certificates of registration to be delivered up for those purposes; (f) for the registration of the births and deaths of persons of any class or description born or dying elsewhere than in Malawi, and for annual registration at Malawi diplomatic or consular offices abroad; (g) for enabling the births and deaths of citizens of Malawi born or dying in any country in which the Government of Malawi has for the time being no diplomatic or consular representative to be registered by persons serving in the diplomatic, consular or other foreign service of any country which by arrangement with the Government of Malawi, has undertaken to represent that Government’s interest in that country, or by a person authorized in that behalf by the Minister, and for the registration thereby of citizens of Malawi ordinarily resident outside Malawi; (h) prescribing forms; (i) providing for the imposition and recovery of fees, in respect of any application made to the Minister or in respect of any registration, or the making of any declaration, or the grant of any certificate, or the taking of any oath of allegiance , authorized to be made, granted or taken under this Act, and in respect of supplying a certified or other copy of any notice, certificate, order, declaration or entry given, granted or made under this Act; (j) for matters incidental to and connected with the matters mentioned in the preceding paragraphs of this section.

Section 34Verify source

§ 35Delegation of powersProvision

The Minister may delegate Act conferred powers or duties to a public officer by an Order signed by the Minister and published in the Gazette.

35. Delegation of powers The Minister may, by Order made under his hand and published in the Gazette , delegate to any public officer such powers or duties as are conferred upon him by this Act as may appear to him to be expedient or desirable.

Section 35Verify source

§ 36Section 36Repeal

This section saves earlier citizenship certificates, renunciations, declarations, orders, and oaths by treating them as valid under this Act.

36. Saving All certificates, renunciations, declarations, orders or oaths purported to be granted, made or taken pursuant to the Malawi Citizenship Act, 1964 (now repealed) or any Regulations purported to be made thereunder, shall be of as full force and effect as if they were granted, made or taken in accordance with the corresponding provisions of this Act. [2 of 1964(M)] First Schedule (Sections 2 and 12) Commonwealth countries The following shall be Commonwealth countries for the purposes, of this Act— Australia Barbados Botswana Canada Ceylon Cyprus Fiji Gambia Ghana Guyana India Jamaica Kenya Lesotho Malaysia Malta Mauritius New Zealand Nigeria Pakistan Rhodesia Sierra Leone Singapore Swaziland Tanzania Trinidad and Tobago Uganda United Kingdom of Great Britain and Northern Ireland Zambia [G.N. 56/1968] [170/1968] [216/1970] Second Schedule (Sections 2, 7, 13, 16, 18, 20, 22, 23 and 27) Oath of allegiance I, _________________________________________________, swear that I will be faithful and bear true allegiance to the Republic of Malawi, and that I will preserve, protect and defend the Constitution of Malawi, as by law established. So help me God. Third Schedule (Sections 7, 9, 10 and 31) Declaration of intention to retain citizenship of Malawi I, ________________________________________________ (full name in block capitals), do solemnly and sincerely declare— 1. That I was born at ____in *Malawi/ ____________________ (insert name of country and am of or over the age of 21 years. 2. That I am a citizen of Malawi by *birth/descent/registration/naturalization and am also a national of _____________________________ (insert name of country) by *birth/descent/registration/naturalization/ marriage. 3. That as I am desirous of retaining my status as a citizen of Malawi I hereby renounce so far as it lies within my power my status as a citizen/national of __________________________________________________ (insert name of country) and any claim I have to the protection of that country. ___________________ Signature of Applicant Declared at _____________, this ___ day _______ of _____, 19___ before me. __________________________________ Magistrate / Commissioner for Oaths *Delete as applicable. Fourth Schedule (Sections 7, 9, 10 and 31) Declaration of renunciation of citizenship of another country I, ________________________________ (full name in block capitals), do solemnly and sincerely declare— 1. That I was born at _____________________________ in _______________________________ (insert name of country) and am of or over the age of 21 years. 2. That I have been granted Malawi citizenship by *registration/naturalization on condition that I renounce my citizenship/nationality of ________________________________________ (insert name of country). 3. I hereby renounce so far as it lies within my power my status as a citizen/national of ____________________________________ (insert name of country) and any claim I have to the protection of that country. ____________________________________ Signature of Applicant Declared at ___________________________, this _____ day of ___________, 19_____ before me. ______________________________ * Magistrate/Commissioner for Oaths * Delete as applicable. Fifth Schedule (Sections 7 and 22) Declaration of intention to reside permanently in Malawi I, _______________________________________________ (full name in block capitals), do solemnly and sincerely declare— 1. That I am of or over the age of 21 years. 2. *That so far as it lies within my power, I have renounced my citizenship/nationality of _______________________________ (insert name of country) and intend to reside permanently in Malawi. OR That although I have renounced my citizenship/nationality of ___________________________ (insert name of country) and intend my domicile of choice to be Malawi it may be necessary in the course of my employment as _____________________________ / as self-employed to be absent from time to time from Malawi. ________________________________ Signature of Applicant Declared at ___________, this ___ day of _________, 19___ before me. ________________________________ * Magistrate/Commissioner for Oaths *Delete paragraphs or words not applicable. Sixth Schedule (Section 23) Declaration of renunciation of citizenship of Malawi. 1. I, _____________ (full name and address in block capitals) of ___________________ am of full age and legal capacity and I was born at _______ (place) in _________________ (country) on the day of _____________, 19___ 2. I*am/*am not/* have been formerly/*have not been formerly married. 3A. I am a *citizen/national of ____________________ under the law of that country. OR 3B. I intend to become a *citizen/national of __________________ after renouncing my citizenship of Malawi. 4. I hereby renounce my citizenship of, and divest myself of my allegiance to Malawi, and enjoyment of its protection. I, the above-named ___________________________ do solemnly and sincerely declare that the foregoing particulars stated in this Declaration are true and correct in all respects, and I make this solemn Declaration conscientiously believing the same to be true in all respects. __________________________ Signature of Applicant Made and subscribed before me this _____________ day of ________, 19 _ _________________________________________ *Magistrate or Commissioner for Oaths *Delete whichever is inapplicable.

Section 36Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Allegiance when that oath is required. 2. Interpretation (1) In this Act
Section 2

G–M

3 instruments

Malawi is granted under this Act
Section 22
Malawi under this Act
Section 20
Malawi who is deprived of his citizenship by an order of the Minister under this Act
Section 26

N–S

1 instrument

Part III of this Act
Section 27

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31 Dec 2014 · currentEnglish

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