Attorney General of Botswana v. Unity Dow 1992 BLR 119 (CA)

Facts

The Applicant; Unity Dow, a Botswana citizen, lawyer and a Human Rights Activist, was married to an American husband. Under Botswana’s Citizenship Act of 1984, their children could not automatically receive Botswana citizenship because their mother was married to a foreigner. However, children of Botswana men married to foreign women automatically received citizenship.
This gender-based discrimination prompted Unity Dow to challenge sections 4 and 5 of the Citizenship Act in court, arguing they violated constitutional principles of equality and non-discrimination.

Issue

The primary constitutional question was whether the Citizenship Act’s provisions were unconstitutional because they:

• Denied automatic citizenship to children of Botswana women married to foreign men
• Granted automatic citizenship to children of Botswana men married to foreign women
  The case challenged fundamental rights including equal protection under the law and protection from sex-based discrimination.

Court Ruling

The High Court initially ruled in Unity Dow’s favor. On appeal, the Court of Appeal upheld this decision on July 3, 1992.

The majority justices (Amissah, Akinola Aguda and George Bizos) determined that the Constitution prohibited gender-based discrimination. Regarding standing, Justice Amissah ruled that Unity Dow only needed a reasonable belief that her rights might be affected.

The Court found section 4 of the Citizenship Act unconstitutional and inconsistent with international human rights standards, effectively ending gender discrimination in nationality laws.

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