Upholding these provisions, in GK v AG & Others13 the High Court held that the
Children’s Act ‘acknowledges that there is a relationship between him (biological
father) and his offspring – with the exception of those children sired through rape
or incest’14 with the biological mother.
Section 12 of the Children’s Act provides that: ‘Every child has a right to a
nationality from birth’. This therefore means that nationality is an inherent right
to every child.
The identity of the child is also preserved in Section 16 of the Citizenship Act.
Where one of the parents is a citizen, that child is considered a citizen of
Botswana. However, if the other parent is not a citizen, that child enjoys dual
citizenship before attaining 21 years. At 21, the law requires the “child” to
denounce one and retain their preferred citizenship. Dual Citizenship is not yet
recognised. The only exception: Children who acquire the citizenship of a foreign
country may maintain their dual citizenship until the age of 21. Upon reaching the age
of majority, the person must renounce the foreign citizenship, take an oath of
allegiance, and make declarations concerning future residency.
Similarly, the Pensions and Provident Fund Act empowers the pension
administrators to distribute pension benefits upon the death of the member to all
biological children including those born out of wedlock.
Section 16 of the Cybercrime and Computer Related Crimes Act (2007) criminalised
electronic traffic by using children in pornographic or obscene material.
(b) ERADICATION OF POVERTY:
Broadly defined, poverty is “deprivation related to insufficiency in resources
required to maintain an acceptable standard or quality of life”. It is “lack of
physical, human and social capital to meet the basic (human) needs15.”
In an effort to restore human dignity, the Government is implementing Poverty
Eradication programmes, targeting mainly vulnerable populations, such as, small
13
MAHGB-000291-14.
14
Ibid, para 94.
See K. OSEI-HWEDIE “Poverty eradication in Botswana: towards the realization of National
Strategic Vision” in Botswana Journal of African Studies, Vol. 18 (2004) 1, page 8.
15
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