Citizenship

4 | Citizens of Zimbabwe on Independence

Constitution of Zimbabwe (at 13th Feb, 2009)

A person who, immediately before the appointed day, was or was deemed to be a citizen by birth, descent or registration shall, on and after that day, be a citizen of Zimbabwe by birth, descent or registration, as the case may be.

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71 | Zimbabwean citizenship

Kariba Draft Constitution
  1. There is a common Zimbabwean citizenship and all citizens are equal, that is to say citizens are entitled, subject to this Constitution, to the rights, privileges and benefits of citizenship and are subject to the duties and obligations of citizenship.
  2. It is the duty of every Zimbabwean citizen–
    1. to observe this Constitution and to respect its ideals and institutions;
    2. to respect the national flag and the national anthem; and
    3. to the best of his or her ability, to defend Zimbabwe in time of need.
  3. Every Zimbabwean citizen is entitled to the protection of the State wherever he or she may be.
  4. Zimbabwean citizenship may be acquired by birth, descent or registration.
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5 | Citizenship by birth

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. A person born in Zimbabwe on or after the appointed day but before the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, shall be a citizen of Zimbabwe by birth, unless—
    1. at the time of his birth, his father—
      1. possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Zimbabwe; and
      2. is not a citizen of Zimbabwe; or
    2. at the time of his birth—
      1.  his father is an enemy alien; and
      2. his mother is interned in a place set aside for the internment of enemy aliens or the birth occurs in a place then under occupation by the enemy; or
    3. at the time of his birth, his father or, in the case of a child born out of wedlock, his mother is residing in Zimbabwe in contravention of the provisions of any law:
      Provided that, if subsequent to his birth his father or mother, as the case may be, is accepted for permanent residence in Zimbabwe under any law in force in Zimbabwe, he shall be a citizen of Zimbabwe by birth; or
    4. at the time of his birth, his father or, in the case of a child born out of wedlock, his mother is—
      1. not a citizen of Zimbabwe; and
      2. not ordinarily resident in Zimbabwe.
        [Subsection as amended by section 2 of Act No. 14 of 1996 - Amendment No. 14; date of commencement - 6 December 1996]
  2. A person born outside Zimbabwe on or after the appointed day but before the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, shall be a citizen of Zimbabwe by birth if—
    1. his father or, in the case of a child born out of wedlock, his mother is at the time of his birth—
      1. a citizen of Zimbabwe and resident outside Zimbabwe by reason of the service of his father or his mother, as the case may be, under the Government; or
      2. lawfully ordinarily resident in Zimbabwe; and
    2. his birth is registered in accordance with the law relating to the registration of births.
      [Subsection as amended by section 2 of Act No. 14 of 1996 - Amendment No. 14; date of commencement - 6 December 1996]
  3. A person born in Zimbabwe on or after the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, shall be a citizen of Zimbabwe by birth if at the time of his birth his father or his mother is a citizen of Zimbabwe.
    [Subsection inserted by section 2 of Act No. 14 of 1996 - Amendment No. 14; date of commencement - 6 December 1996]
  4. A person born outside Zimbabwe on or after the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, shall be a citizen of Zimbabwe by birth if—
    1. at the time of his birth his mother or his father is a citizen of Zimbabwe and lawfully ordinarily resident in Zimbabwe or resident outside Zimbabwe by reason of his or her service under the Government; and
    2. his birth is registered in accordance with the law relating to the registration of births.
      [Subsection inserted by section 2 of Act No. 14 of 1996 - Amendment No. 14; date of commencement - 6 December 1996]
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72 | Citizenship by birth

Kariba Draft Constitution
  1. Everyone born in Zimbabwe is a Zimbabwean citizen by birth if, when he or she was born
    1. either of his of her grandparents was a Zimbabwean citizen by birth or descent.
    2. either of his or her parents was a Zimbabwean citizen; or
  2. Anyone born outside Zimbabwe is a Zimbabwean citizen by birth if, when he or she was born, either of his or her parents was a Zimbabwean citizen and was–
    1. ordinarily resident in Zimbabwe; or
    2. working outside Zimbabwe for the State or an international organisation
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6 | Citizenship by descent

Constitution of Zimbabwe (at 13th Feb, 2009)

Save as is otherwise provided by section 5(2) or (4), a person born outside Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by descent if—

  1.  
    1. his father or his mother is at the time of his birth a citizen of Zimbabwe otherwise than by descent; and
    2. his birth is registered in accordance with the law relating to the registration of births. [Section as amended by sections 3 and 15 of Act No. 14 of 1996 - Amendment No. 14]
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73 | Citizenship by descent

Kariba Draft Constitution
  1. Anyone born outside Zimbabwe is a Zimbabwean citizen by descent if, when he or she was born–
    1. either of his or her parents or grandparents was a Zimbabwean citizen by birth or descent; or
    2. either of his or her parents was a Zimbabwean citizen by registration;
  2. and the birth is registered in Zimbabwe in accordance with the law relating to the registration of births.
  3. This section does not affect a person's right to citizenship by birth under section seventy-two.
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7 | Citizenship by registration

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. .…. [Subsection repealed by section 4 of Act No. 14 of 1996 - Amendment No. 14]
  2. Any woman who—
    1.  is, on the appointed day, married to a person who—
      1. is, on the appointed day, a citizen of Zimbabwe by virtue of the provisions of section 4; or
      2. after the appointed day but before the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, becomes a citizen of Zimbabwe while the marriage still subsists; [Subparagraph as amended by section 4 of Act No. 14 of 1996 - Amendment No. 14; date of commencement - 6 December 1996] or
    2. prior to the appointed day, was married to a person who—
      1. is, on the appointed day, a citizen of Zimbabwe by virtue of the provisions of section 4; or
      2. having died before the appointed day, would, but for his death, have been a citizen of Zimbabwe by virtue of the provisions of section 4; or
    3. on or after the appointed day but before the date of commencement of the Constitution of Zimbabwe Amendment (No. 14) Act, 1996, marries a person who is a citizen of Zimbabwe or who becomes a citizen of Zimbabwe while the marriage still subsists; [Paragraph as amended by section 4 of Act No. 14 of 1996 - Amendment No. 14; date of commencement - 6 December 1996] shall be entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Zimbabwe.
  3. Any person, one of whose parents is a citizen of Zimbabwe at the date of his application, shall be entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Zimbabwe:
    Provided that, if the person is not of full age and capacity, the application shall be made on his behalf by his responsible parent or by his guardian or other lawful representative.
  4. A person adopted on or after the appointed day by order made under the law relating to the adoption of children who was not, at the date of the order, a citizen of Zimbabwe shall become a citizen of Zimbabwe on the date of the order if the adopter or, in the case of a joint adoption, the male adopter was, at the date of the order, a citizen of Zimbabwe, and such adopted person shall be regarded as a citizen of Zimbabwe by registration.
  5. The registration as a citizen of Zimbabwe of a person referred to in subsection (2) or (3) who is of full age shall not be effected unless and until the person has taken and subscribed the oath of loyalty in the form set out in Schedule 1, and such person shall be registered and become a citizen of Zimbabwe by registration on the date he takes and subscribes the oath of loyalty. [Subsection as amended by section 15 of Act No. 14 of 1996 - Amendment No. 14]
  6.  ... [Subsection repealed by section 4 of Act No. 14 of 1996 - Amendment No. 14]
  7. In subsection (3), “responsible parent”, in relation to a child, means—
    1. if the father is dead or the mother has been given custody of the child by order of a court or has custody of the child by virtue of the provisions of a law relating to the guardianship of children or the child is born out of wedlock, the mother of the child; [Paragraph as amended by section 15 of Act No. 14 of 1996 - Amendment No. 14]
    2. in any other case, the father of the child.
  8. For the purposes of this section, a person shall be regarded as—
    1. of full age if he has attained the age of majority or if, being under that age, he is or has been married; and
    2. of full capacity if he is not of unsound mind.
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74 | Citizenship by registration

Kariba Draft Constitution
  1. Anyone who has been voluntarily and ordinarily resident in Zimbabwe for at least ten years, or for a shorter period fixed in an Act of Parliament, may apply to become a Zimbabwean citizen by registration.
  2. If a Zimbabwean citizen legally adopts someone who is not a Zimbabwean citizen, the adopted person becomes a Zimbabwean citizen on the date of the adoption order and must be regarded as a citizen by registration.
  3. A minor child of a person who has become a Zimbabwean citizen by registration is entitled, on application, to become a Zimbabwean citizen by registration.
  4. A person who is married to a Zimbabwean citizen and who has been ordinarily resident in Zimbabwe for at least five years since the marriage, is entitled, on application, to become a Zimbabwean citizen by registration.
  5. An Act of Parliament may provide for–
    1. the acquisition of citizenship by registration by persons other than those mentioned in subsections (1), (2), (3) and (4); and
    2. the procedure for acquiring citizenship by registration.
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3 | New Chapter substituted for Chapter II of Constitution

Amendment 19 - Act No. 1 of 2009

Chapter II of the Constitution is repealed and the following is substituted--

“CHAPTER II CITIZENSHIP

4 Zimbabwean citizenship

  1. There is a common Zimbabwean citizenship and all citizens are equal, that is to say citizens are entitled, subject to this Constitution, to the rights, privileges and benefits of citizenship and are subject to the duties and obligations of citizenship.
  2.  It is the duty of every Zimbabwean citizen--
    1. to observe this Constitution and to respect its ideals and institutions; and
    2. to respect the national flag and the national anthem; and
    3. to the best of his or her ability, to defend Zimbabwe in time of need.
  3. Every Zimbabwean citizen is entitled to the protection of the State wherever heor she may be.
  4. Zimbabwean citizenship may be acquired by birth, descent or registration.

5 Citizenship by birth

  1. Everyone born in Zimbabwe is a Zimbabwean citizen by birth if, when he or she was born--
    1. either of his or her parents was a Zimbabwean citizen; or
    2. either of his or her grandparents was a Zimbabwean citizen by birth ordescent.
  2. Anyone born outside Zimbabwe is a Zimbabwean citizen by birth if, when he or she was born, either of his or her parents was a Zimbabwean citizen and was--
    1. ordinarily resident in Zimbabwe; or
    2. working outside Zimbabwe for the State or an international organisation.

 6 Citizenship by descent

  1. Anyone born outside Zimbabwe is a Zimbabwean citizen by descent if, when he or she was born--
    1. either of his or her parents or grandparents was a Zimbabwean citizen by birth or descent; or
    2. either of his or her parents was a Zimbabwean citizen by registration; and the birth is registered in Zimbabwe in accordance with the law relating to the registration of births.
  2. This section does not affect a person’s right to citizenship by birth under section 5.

7 Citizenship by registration

  1. Anyone who has been voluntarily and ordinarily resident in Zimbabwe for at least ten years, or for a shorter period fixed in an Act of Parliament, may apply to become a Zimbabwean citizen by registration.
  2. If a Zimbabwean citizen legally adopts someone who is not a Zimbabwean citizen, the adopted person becomes a Zimbabwean on the date of the adoption order and must be regarded as a citizen by registration.
  3. A minor child of a person who has become a Zimbabwean citizen by registration is entitled, on application, to become a Zimbabwean citizen by registration.
  4. A person who is married to a Zimbabwean citizen and who has been ordinarily resident in Zimbabwe for at least five years since the marriage is entitled, on application,to become a Zimbabwean citizen by registration.
  5. An Act of Parliament may provide for--
    1. the acquisition of citizenship by registration by persons other than those mentioned in subsections (1), (2), (3) and (4); and
    2. the procedure for acquiring citizenship by registration.

8 Citizenship and Immigration Board

An Act of Parliament must provide for the establishment of a Citizenship and Immigration Board consisting of a chairperson and at least two other members, appointed by the President, to be responsible for--

    1. granting and revoking citizenship by registration;
    2. permitting persons, other than citizens, to reside and work in Zimbabwe, and fixing the terms and conditions under which they may so reside and work;
    3. exercising any other functions that may be conferred or imposed on the Board by or under an Act of Parliament.

9 Powers of Parliament in relation to citizenship

An Act of Parliament may provide for--

    1. the prohibition of dual citizenship;
    2. procedures for the renunciation of citizenship;
    3. the circumstances in which persons qualify for or lose their citizenship by descent or registration; and
    4. any other matters regarding citizenship.

10 Interpretation and supplementary provisions regarding citizenship

  1. A reference in this Chapter to the citizenship of a person’s parent or grandparent at the time of the person’s birth must be construed, in relation to a person born after the death of the parent or grandparent, as a reference to the citizenship of the parent or grandparent when he or she died.
  2. Where a person became a citizen of Zimbabwe by virtue of his or her marriage to a citizen, the person remains a citizen of Zimbabwe even if the marriage is subsequently annulled or dissolved.".
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8 | Dual citizenship

Constitution of Zimbabwe (at 13th Feb, 2009)

[Section repealed by section 2 of Act 1 of 1983 - Amendment No. 3]

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9 | Powers of Parliament in relation to citizenship

Constitution of Zimbabwe (at 13th Feb, 2009)

Notwithstanding the provisions of this Chapter, an Act of Parliament may make provision in respect of citizenship and, without prejudice to the generality of the foregoing, may provide for—

  1. the acquisition of citizenship of Zimbabwe by persons who are not eligible or who are no longer eligible to become citizens of Zimbabwe under this Chapter; country. [Section as substituted by section 3 of Act 1 of 1983 - Amendment No. 3]
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75 | Citizenship and Immigration Board

Kariba Draft Constitution

An Act of Parliament must provide for the establishment of a Citizenship and Immigration Board consisting of a chairperson and at least two other members, appointed by the President, to be responsible for–

  1. granting and revoking citizenship by registration;
  2. permitting persons, other than citizens, to reside and work in Zimbabwe, and fixing the terms and conditions under which they may so reside and work;
  3. exercising any other functions that may be conferred or imposed on the Board by or under an Act of Parliament.
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