by birth

5 | Citizenship by birth

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)
  1. Everyone born in or outside Zimbabwe is a citizen of Zimbabwe by birth if, at the time of his or her birth, either of his or her parents was a citizen of Zimbabwe.
  2. A child found in Zimbabwe who is, or appears to be, less than eight years old and whose nationality and parents are unknown is presumed to be a citizen of Zimbabwe by birth.
  3. Subsection (2) applies to people who, as children, were found before the commencement of this Constitution in the circumstances described in that subsection.
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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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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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6 | Citizenship by birth

National Constitutional Assembly (NCA) Draft Constitution (2001)

Everyone born in or outside Zimbabwe is a Zimbabwean citizen by birth if either of his or her parents is a Zimbabwean citizen at the time of his or her birth.

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