(c) That he became a British subject by reason of the annexation of any territory included at the commencement of this Act in the United Kingdom and Colonies; 82. Counsel submits further that it is not in dispute that Mr John Modise's father, Samuel Remaphoi Modise and his mother, Elizabeth Ikaneng Modise, were both born in Goo-Modultwa ward in Kanye of the Bangwaketse in the former Protectorate of Bechuanaland (now Botswana). John Modise, their son and Complainant in this case, was born in Cape Town where his father, Samuel Remaphoi Modise was an immigrant worker, about 1943. Had he (Mr Samuel Remaphoi Modise) been alive on 30th September 1966, Samuel Remaphoi Modise who was born in 1912 would have fulfilled the requirement of Section 12(1)(a) of the British Nationality Act of 1948 and, thereby been a national of the United Kingdom and the Colonies. Thus, by the combined operation of Section 12(1) and (2) and Section 1 of the British Nationality Act, John Modise, his son, was both a British subject and a citizen of the United Kingdom and Colonies on the day preceding 30th September 1966. As a result, he became a citizen of Botswana by descent on 30th September 1966. The relevant provision of Section 1 of the British Nationality Act provides: (1) Every person who under this Act is a citizen of the United Kingdom and Colonies or who under any enactment for the time being in force in any country mentioned in subsection (3) of this section is a citizen of that country, shall, by virtue of that citizenship have the status of a British subject... (2) The following are the countries herein before referred to, that is to say, Canada, Australia, New Zealand, The Union of South Africa, Newfoundland, India, Pakistan, Southern Rhodesia (now Zimbabwe) and Ceylon (now Sri Lanka) 83. On the claim by the Respondent State that there are no classes of citizenship in Botswana for purposes of enjoying rights and privileges, the Complainant's counsel asserts that apart from the concession by Mr B. K. Sebele, Permanent Secretary, Ministry of Foreign Affairs, that 'as a registered or naturalised citizen, one is not eligible for election as a President', there remain, in addition, in Botswana three more serious consequences of citizenship by registration. The consequences are: (a) Citizenship by descent arises by operation of law and by biological facts over which the claimant has no control. Citizenship by registration on the other hand arises by the interposition of an administrative act facilitated by acts and facts supplied by the beneficiary. (b) Citizenship by descent can be transmitted down the line to the children; but citizenship by registration can only be transmitted to children born after it has been acquired. This is particularly relevant in this case as all the children of the complainant are now adults (above 21 years) and would therefore remain stateless even if their father were granted citizenship by registration. (c) The manner in which different classes of citizenship may be lost differs. It takes a voluntary act of renunciation to lose citizenship by descent. Citizenship by registration or naturalisation can however be withdrawn by a directive issued by a minister of the ruling party or government. 84. While the decision as to who is permitted to remain in a country is a function of the competent authorities of that country, this decision should always be made according to careful and just legal procedures, and with due regard to the acceptable international norms and standards. In order for the Commission to determine whether there have been violations of the Charter as alleged by the Complainant, it is incumbent on it to assess the nationality of the Complainant based on the facts presented before it. The current circumstances of the Complainant are a result of a policy decision taken by the Botswana government. 85. The Complainant argues that he has been unjustly deprived of Botswana citizenship. In the brief submitted by his counsel, it is claimed that the Complainant was born in South Africa of Samuel Remaphoi Modise (father) and Elizabeth Ikaneng Modise (mother) from Goo-Modultwa ward in Kanye of the Bangwaketse in the former Protectorate of Bechuanaland (now Botswana). His father went to work in South Africa as a migrant worker. These facts are not contested by the Respondent State (see a copy of a document outlining Botswana Citizenship Law attached to the Note Verbale of 27th May 1998). In fact, paragraph 3(a) and (b) of the said document emphatically asserts concerning John Modise's father thus: "He was therefore a British protected person...At all times he remained a British Protected person" (see also paragraph 6 of the said document). Paragraph 3(d) and (e) of the said document assert that John Modise's mother died when he was three months old and his father brought him to the then Bechuanaland 7