MALAWI CITIZENSHIP

CHAPTER 15:01
MALAWI CITIZENSHIP

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Citizenship by Birth and Descent

    3.    Citizens on 5th July, 1966

    4.    Citizenship by birth

    5.    Citizenship by descent

PART III
Dual Citizenship

    6.    Dual citizenship of persons of full age permitted

    7.    Dual citizenship of minors

    8.    

    9.    

    10.    

    11.    

PART IV
Citizenship by Registration and Naturalization

    12.    Commonwealth citizens

    13.    Registration of Commonwealth citizens

    14.    Registration of citizens of certain African States

    15.    Registration of persons with close connexion with Malawi

    16.    Registration of wives of Malawi citizens

    17.    Registration of minor children of Malawi citizens

    18.    Registration of stateless persons

    19.    Conferment of citizenship in special circumstances

    20.    Effect of registration

    21.    Naturalization of aliens

    22.    Effect of naturalization

PART V
Renunciation and Deprivation of Citizenship

    23.    Renunciation of citizenship

    24.    Deprivation of citizenship of persons who exercise certain rights in other countries

    25.    Deprivation of citizenship in other cases

    26.    Effect of renunciation or deprivation

    27.    Restoration of citizenship

PART VI
Supplemental

    28.    Manner of making applications

    29.    Decision of Minister to be final

    30.    Certificate of citizenship in cases of doubt

    31.    Renunciation of citizenship of other countries

    32.    Evidence

    33.    Offences

    34.    Regulations

    35.    Delegation of powers

    36.    Saving

SCHEDULES

    1.    Commonwealth countries

    2.    Oath of Allegiance

    3.    Declaration of intention to retain citizenship of Malawi

    4.    Declaration of renunciation of citizenship of another country

    5.    Declaration of intention to reside permanently in Malawi

    6.    Declaration of renunciation of citizenship of Malawi

    7.    List of Offices

28 of 1966
37 of 1967
5 of 1971
22 of 1992
11 of 2019

G.N. 139/1966
223/1966
284/1966
56/1968
170/1968
216/1970

    An Act to repeal and replace the Malawi Citizenship Act, 1964, so as to make provision, consequent upon the enactment of a Republican form of Constitution in Malawi, for the acquisition of citizenship of Malawi by birth or descent, or by registration in certain cases; to regulate the manner and circumstances in which aliens may be naturalized as citizens of Malawi and in which citizens of Malawi may renounce or be deprived of their citizenship; and to make provision for certain other matters relating to citizenship of Malawi and for matters incidental thereto and connected therewith

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Malawi Citizenship Act.

2.    Interpretation

    (1) In this Act, unless the context otherwise requires—

22 of 1992

    “alien” means a person who is not a Commonwealth citizen;

11& 12

Geo. 6, c. 56

    “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;

    “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;

First Schedule

    “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.

Second Schedule

    (2) A person shall, for the purposes of this Act, be of full age if he has attained the age of twenty-one 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…