38. Persons born in Lesotho
operation of the Constitution
after
the
coming
into
(1) Subject to the provisions of subsections (2)and
(3), every person born in Lesotho after the coming into
operation of this Constitution shall become a citizen
of Lesotho.
(2) Save as provided in subsection (3), a person shall
not become a citizen of Lesotho by virtue of this
section if at the time of his birth neither of his
parents is a citizen of Lesotho, and—
(a) one or both of his parents possesses such immunity
from suit and legal process as is accorded to the envoy
of a foreign sovereign power accredited to Lesotho; or
(b) one or both of his parents is an enemy alien and
the birth occurs in a place then under occupation by
the enemy.
(3) A person born in Lesotho on or after the coming
into operation of this Constitution who is disqualified
to become a citizen of Lesotho by virtue of subsection
(2) of this section shall become a citizen of Lesotho
if he would otherwise become stateless.
39. Persons born outside Lesotho after the coming into
operation of the Constitution
A person born outside Lesotho after the coming into
operation of this Constitution shall become a citizen
of Lesotho at the date of his birth, if at that date
either of his parents is a citizen of Lesotho otherwise
than by descent.
40. Marriage to Lesotho citizen