accepted Mr Modise as a national of South Africa. On the contrary, he submits that South Africa did not accept Mr Modise, but that Mr Modise was then banished to the defunct South African Homeland of Bophuthatswana, whose (then) government by a letter to Mr Modise (Ref. No. 4/6/2/8/818/78), of 6th October 1986, wrote that: Modise does not appear in the population register of the Citizens of Bophuthatswana. The subject of citizenship is a matter between you (Mr Modise) and the Botswana government. To validate their point, in the same year, the then government of the defunct Homeland of Bophuthatswana deported Mr Modise back to Botswana. 78. Regarding the claim that there is no citizenship that can be offered or granted to Mr Modise, he averred that such is contradicted by the other claim in the letter to the Commission by Mr B. K. Sebele, Permanent Secretary, Ministry of Foreign Affairs dated 9th December 1998 that: Mr Modise registered as a citizen under special circumstances at the direction of the President of the Republic of Botswana, although he failed to indicate the date on which Mr Modise was so registered. He submits that it is impossible to reconcile the claim that the Complainant registered as a citizen under special circumstances at the direction of the President of Botswana with the claim by Mr B. K. Sebele in his letter aforesaid that "There is no citizenship that can be offered or granted to Mr Modise". He attested that Mr Modise had reported that sometimes in 1998, immigration officials in Lobatse, Botswana visited him and invited him to sign a document to facilitate the renewal of his residence permit in Botswana that had expired. When he tried to verify the document, he was warned that he risked immediate and prompt deportation unless he signed the document, whereupon he promptly signed. Although he is physically in Botswana, he has not received any documentation or indication on his current nationality status from the Respondent State. 79. He disputes as factually untrue the claim that Mr Modise is responsible for his failure to enjoy his rights as a citizen of Botswana, by refusing to produce the necessary documents as proof of his citizenship. In any case, he points out that their production would not remedy the violations asserted by him in this case. 80. On the issue that Mr Modise could not and did not become a citizen by descent under the repealed Section 20(2) of the Constitution of Botswana, because he was neither a British Protected Person nor a citizen of the United Kingdom and colonies on 29th September 1966, counsel submits as follows: The repealed Section 20 of the Constitution of Botswana referred to in the letter of Mr B. K. Sebele provides: (1) Every person who, having been in the former Protectorate of Bechuanaland, is on 29th September, 1966, a citizen of the United Kingdom and Colonies or a British Protected Person, shall become a citizen of Botswana on 30th September 1966. (2) Every person who having been born outside the former Protectorate of Bechuanaland, is, on 29th September, 1966, a citizen of the United Kingdom and Colonies or a British protected person, and is not a citizen of any other country, shall, if his father becomes, or would, but for his death have become a citizen of Botswana in accordance with the provisions of sub-section (1) of this section, become a citizen of Botswana on 30th September, 1966. 81. Counsel submits that since it is common ground that Mr Modise was born in South Africa of parents from Botswana, Section 20(1) is inapplicable to him. Section 20(2) is therefore the applicable provision. However, a determination of whether or not Mr Modise was a citizen of the United Kingdom and Colonies or a British Protected Person on 29th September 1966 can only be made in terms of the British Nationality Act of 1948. The provision of that Act which applies to Mr Modise is Section 12(2), which provided that: A person who was a British subject immediately before the date of the commencement of this Act shall, on that date become a citizen of the United Kingdom and Colonies and possessed any of the qualification [sic] specified in the last foregoing subsection The last foregoing subsection referred to in this provision is sub-section1 of Section 12 of the same Act that provides: A person who was a British subject immediately before the date of the commencement of this Act shall on that date become a citizen of the United Kingdom and Colonies if he possesses any of the following qualifications, that is to say: (a) That he was born within the territories comprised at the commencement of this Act in the United Kingdom and Colonies, and would have been such a citizen if Section four of this Act had been in force at the time of his birth; (b) That he is a person naturalised in the United Kingdom and Colonies; 6