Sostenus Wilherm
Sostenus Wilherm
After more than two decades of calling Namibia home, Iranian national Atousa Fischer-Buder is fighting for recognition as a Namibian citizen, but her path to naturalisation has hit a legal barrier over whether she must give up her Iranian citizenship before becoming Namibian.
Fischer-Buder has approached the High Court seeking to overturn a decision by the ministry of home affairs, immigration, safety and security that requires her to formally renounce her Iranian citizenship before she can receive a Namibian certificate of naturalisation.
Her case has placed Namibia’s strict position on dual citizenship under renewed scrutiny, as the court considers whether people who are unable to complete formal renunciation procedures in their countries of origin should still qualify for citizenship.
Fischer-Buder was born in Iran on 7 January 1968 and arrived in Namibia in December 2002. Since then, she has built her life in the country, initially staying on a study permit before later obtaining permanent residence.
According to court documents, her application for Namibian citizenship by naturalisation was approved in principle, but the ministry informed her that she needed to fulfil additional requirements before she could be registered as a citizen.
Among those requirements was the need to renounce her Iranian citizenship and provide written proof confirming that she had done so.
Fischer-Buder argues that she tried to comply with the requirement but was unable to obtain the necessary documentation from Iranian authorities.
She says she approached representatives of the Iranian Embassy in Windhoek seeking assistance with the renunciation process but could not secure a formal letter confirming the loss of her citizenship.
She maintains that she has already shown her commitment to Namibia by taking the oath of allegiance, in which she declared that she renounced all allegiance and loyalty to any foreign country.
However, the Namibian government disagrees, arguing that an oath of allegiance alone does not amount to legal renunciation of another country’s citizenship.
The ministry, supported by the attorney-general and the government, argues that Fischer-Buder remains an Iranian citizen because she has not provided proof that she completed the formal renunciation process under Iranian law.
The government has asked the court to dismiss her application, saying that granting her request would result in her becoming a dual citizen, which is prohibited under Namibia’s Citizenship Act for people who acquire citizenship through naturalisation.
In its arguments, the government relied on previous court decisions, including the case of Louis Augustinus, where the High Court found that taking an oath of allegiance and expressing an intention to give up foreign citizenship was not enough without evidence that citizenship had been renounced.
The government also relied on the Tlhoro judgment, which dealt with a similar challenge involving a person who wanted Namibian citizenship without giving up South African citizenship.
The court previously held that Parliament has the authority to set conditions for citizenship by naturalisation, including requirements linked to loyalty and allegiance to Namibia.
The government argues that Namibia’s citizenship laws treat different categories of citizens differently.
While citizens by birth or descent have stronger protection regarding dual citizenship, those who voluntarily seek citizenship through naturalisation must meet stricter requirements.
Fischer-Buder, however, is asking the court to consider her unique circumstances. She wants the court to review the ministry’s decision and declare that foreign citizenship renunciation should not be required where it is impossible to complete. She is also asking the court to order the ministry to issue her with a certificate of naturalisation.
The case highlights a challenge faced by some long-term residents who have established deep roots in Namibia but encounter difficulties when required to formally cut legal ties with their countries of origin.
For Fischer-Buder, the matter is not only about a document or legal status, but about recognition after more than 20 years of living in Namibia.
For the government, the issue concerns maintaining the integrity of Namibia’s citizenship laws and ensuring that those who acquire citizenship through naturalisation demonstrate exclusive allegiance to the country.
