Advanced Search

(1) The death of a citizen of Eswatini shall not affect the citizenship of a surviving spouse or child or another dependant.(2) Loss of Eswatini citizenship by a person shall not of itself affect the citizenship of a spouse or child. (Sec. 52)

(1) A person born in Eswatini after the commencement of this Constitution is a citizen of Eswatini by birth if at the time of birth the father of that person was a citizen of Eswatini in terms of this Constitution.(2) A person born outside Eswatini after the commencement of this Constitution is a citizen of Eswatini if at the time of birth the father of that person was a citizen of Eswatini in terms of this Constitution.(3) A person born outside Eswatini who becomes a citizen by virtue of subsection (2) shall cease to be a citizen if the father of that person was also born outside Eswatini unless, within one year after attaining the age of majority (or within such extended time as the Board may allow) that person notifies the Board in writing of the desire to retain the citizenship of Eswatini.(4) Where a child born outside of marriage is not adopted by its father or claimed by that father in accordance with Eswatini law and custom and the mother of that child is a citizen of Eswatini, the child shall be a citizen of Eswatini by birth.(5) A child adopted, whether before or after the commencement of this Constitution, under the legislation relating to the adoption of children or under customary law, shall, if not already a citizen, be deemed to be a citizen of Eswatini by birth if, at the time of adoption the adoptive parent was a citizen of Eswatini or would have been a citizen if this Constitution were in force. (Sec. 43)

If a citizen of Eswatini who has attained the age of majority, or being a woman is or is about to be married, is or is about to become a citizen of another country and for that reason desires to renounce his or her citizenship of Eswatini, that citizen may do so by lodging with the Board a declaration of renunciation of that citizenship and, upon lodgement of the declaration or, if not then a citizen of that other country, upon becoming that citizen, he or she shall cease to be a citizen of Eswatini. (Sec. 50)

(1) A person born in or outside Eswatini before the commencement of this Constitution shall be a citizen of Eswatini by operation of law if at the birth of that person one of the parents was a citizen of Eswatini.… (Sec. 42)

…(2) A woman who acquired citizenship as a consequence of her marriage to a citizen of Eswatini, may be deprived of that citizenship where the marriage was entered into merely for the purpose of acquiring citizenship.… (Sec. 49)

A person born, whether before or after the commencement of this Constitution and whether in or outside of Eswatini, is a citizen by descent if by birth that person is a descendant. (Sec. 41)

A child born after the death of the father shall be deemed to be a citizen under this Chapter² on the same conditions as if the father were alive when that child was born. (Sec. 46)

(1) A person may acquire citizenship by registration where that person satisfies the Board on the conditions set out in subsection (2), (3) or (4).(2) The conditions for registration of a person are that the person-(a) has been ordinarily and lawfully resident in Eswatini,(i) for a continuous period of at least twelve months immediately preceding the date of application for registration; and(ii) for periods amounting in the aggregate to not less than five years during the seven years preceding the date of application for registration.(b) is of good character;(c) has an adequate knowledge of siSwati or English;(d) intends, in the event of citizenship being granted, to reside in Eswatini;(e) has adequate means for support whilst in Eswatini; and(f) has contributed and shall contribute to the development of the country.(3) A person who is ordinarily resident in Eswatini and has been so resident for a period of at least ten years and whose application is supported by a Chief after consultation with bandlancane or supported by three reputable citizens, may be registered as a citizen.(4) Citizenship by registration shall not be granted to any person under this section until that person has taken the oath or affirmation of allegiance in the Second Schedule or such other oath or affirmation as may be prescribed.(5) The person to whom citizenship is granted in terms of this section shall be a citizen from the date on which a certificate of registration as a citizen is granted.(6) In this section, “bandlancane” means a Chief’s council established in accordance with Eswatini law and custom. (Sec. 45)

(1) A woman who is not a citizen of Eswatini at the date of her marriage to a person who is a citizen (otherwise than by registration) shall become a citizen by lodging a declaration in the prescribed manner with the Minister responsible for citizenship or with any Diplomatic Mission or Consular Office of Eswatini or at any other prescribed office, either before or at any time during the marriage, accepting Eswatini citizenship.(2) A woman who lodges a declaration in terms of subsection (1) shall be a citizen from the date of her marriage, where the declaration is lodged before the marriage, or where the declaration is lodged after marriage, from date of lodgement.(3) This section applies to marriage whether before or after the commencement of this Constitution. (Sec. 44)