Protectorate (Botswana) to ensure that relatives take care of him; while his boyhood days are outlined in paragraph 3(e) to the effect that John subsequently grew up in the Protectorate and regularly travelled in and out of the Protectorate. The attainment of independence by Botswana on 30th September 1966 changed things and a new citizenship law was incorporated into the new Constitution. The State Party reproduced some of the relevant provisions of the said Constitution. They are sections 20(1) and (2) and 23(1). 86. The main point of contention of the Respondent State is that Mr Modise could not and did not become a citizen by descent under the repealed Section 20(2) of the Constitution of Botswana because he was neither a British protected person nor a citizen of the United Kingdom and Colonies on 29th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, being a person who was born outside the former Protectorate of Bechuanaland (now Botswana). Granted that John Modise's father was at all times a British Protected person, the question for determination is what then was his son's (John Modise's) nationality? To successfully do this, it is necessary to look at the relevant provision of the Botswana Constitution. The government has cited three provisions, to wit: Sections 20(1) and (2) and 23(1) of the Constitution. Section 20(1) provides: (1) Every person who, having been born 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 of 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. 87. Section 20(1) of the said Constitution is not applicable to this case, for the simple reason that Mr John Modise was not born in the former Protectorate of Bechuanaland. Section 20(2) of the Constitution is the applicable law in this regard, since Mr John Modise was born outside the former Protectorate of Bechuanaland of a British Protected person (his father). Had Mr Samuel Remaphoi Modise lived on 30th September 1966, he would, of course, have been a citizen of Botswana by virtue of the provision of sub-section (1) of this section. The Respondent State does not dispute this fact. Following the clear wordings of the sub-section, Mr John Modise having been born outside the former Protectorate of Bechuanaland of a British Protected person, would have become a citizen of Botswana but for his father's death. Mr John Modise would therefore have become a citizen of Botswana by birth by the operation of this sub-section. The government's position, stated in its brief accompanying its Note Verbale of 27th May 1998, and Mr B. K. Sebele's statement contained in his letter of 9th December 1998 (Ref: CHA 4/19X (88) PS), that Mr John Modise is not covered by Section 20(2) of the Constitution of Botswana are neither convincing nor satisfactory. The respondent state's Note Verbale referred to above assigns South African citizenship to Modise as at 30th September 1966 without proof. Nothing is produced about South African law that confers citizenship on Modise. It should not be assumed that it is a universal principle that a person automatically acquires citizenship of the place of birth. It is not Botswana law that determines South African law. 88. In any event, evidence abounds that the Complainant, Mr John Modise, is not and has never been accepted in South Africa as a citizen. If that had happened, Mr Modise would not have suffered the fate of being deported four times. The refusal of South Africa to accept him as its citizen forced Mr Modise to live for eight years in the "homeland" of Bophuthatswana, and then for another seven years in "No Man's Land", a border strip between the former South African Homeland of Bophuthatswana and Botswana. The then government of the defunct Homeland of Bophuthatswana deported Mr Modise back to Botswana (see paragraph 75 and 76 above). 89. John Modise's father was a Tswana at the time of independence, 30th September 1966 and his son, the Complainant not having been shown to have any other citizenship, acquired Botswana citizenship by virtue of Section 20(2) of the Constitution of Botswana in force at the time. The denial of this right is in violation of Articles 3(2) and 5 of the Charter, which provides: "Every individual shall be entitled to equal protection of the law". Article 5 on the other hand provides: "Every individual shall have the right to the respect ...to the recognition of his legal status". Having arrived at this, it is therefore not necessary to consider the other provisions of the Constitution cited by the State Party. 90. The Commission takes notice of the fact that the Complainant, Mr John Modise, as indicated in the above judgement, had lived in the Republic of Botswana from his infancy. Mr John Modise had also worked 8