17 Aug 2021

Parliament has amended the Citizenship Act of 2020 to align the legislation with the age of majority set out in the Interpretation Act.

The act would see the age of majority change from 21 to 18 years.

The age of majority is a threshold of adulthood and a person who has attained such stage assumes full legal capacity and can, without assistance of their guardian, enter into a legally binding contract and is illegible to sue and be sued in their own capacity.

Section 9 of the Citizenship Act makes provision for registration of persons under the age of 21 as citizens where their father or mother has become a citizen of Botswana while Section 15 provided for dual citizenship up to the age of 21.

Thus, under the new law, Sections 9 and 15 of the Citizenship Act have  been amended by substituting the words ‘21 years’ with ‘18 years’ so that provisions are consistent with the age of majority.

Parliament also passed the Change of Surname of 2021 by repealing and re-enacting with amendments the Change of Names Act.

The act will, among other things, change the name of the act to Change of Surname Act so that it resonates with the long title, which provides that the act restricts and regulate the right of any person to assume another surname.

The act will further provide for the appointment of the Registrar of Surnames and provides for the restrictions to Change of Surname and further provides that the person is only entitled to Change Surname twice under the act with the authority of the registrar.

Parliament also passed the Married Persons Property Bill that aims at amending an act on Married Persons Property to among others, give a 24 months moratorium to persons whose instruments has not be registered with the Deeds Registry.

Among others, the act empowers the Registrar of Marriages to issue property regime forms to persons whose instruments were lost before registration at the Deeds Registry pursuant to an affidavit, Minister of Nationality, Immigration and Gender Affairs, Ms Annah Mokgethi stated that the Act would empower the Registrar of Marriages to issue, to persons who were married out of community of property under the repealed act, and therefore did not have any form as proof for an out of community of property regime.

The laws would effect once the President has appended his signature. ENDS