Constitution of Zimbabwe (at 13th Feb, 2009)

1 | The Republic

Constitution of Zimbabwe (at 13th Feb, 2009)

Zimbabwe is a sovereign republic and shall be known as “the Republic of Zimbabwe”.

[Section as amended by section 2 of Act 30 of 1990 – Amendment No. 11]

Your rating: None Average: 4 (11 votes)

2 | Public seal

Constitution of Zimbabwe (at 13th Feb, 2009)

There shall be a public seal of Zimbabwe, showing the coat of arms of Zimbabwe with the inscription “Republic of Zimbabwe”, which shall be kept by the President.

[Section as amended by section 3 of Act 30 of 1990 – Amendment No. 11]

Your rating: None Average: 3.3 (10 votes)

3 | Supreme law

Constitution of Zimbabwe (at 13th Feb, 2009)

This Constitution is the supreme law of Zimbabwe and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.

Your rating: None Average: 3.2 (10 votes)

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.

Your rating: None Average: 4.4 (13 votes)

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]
Your rating: None Average: 2.8 (8 votes)

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]
Your rating: None Average: 3.3 (6 votes)

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.
Your rating: None Average: 3 (2 votes)

8 | Dual citizenship

Constitution of Zimbabwe (at 13th Feb, 2009)

[Section repealed by section 2 of Act 1 of 1983 - Amendment No. 3]

Your rating: None Average: 2.6 (32 votes)

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]
Your rating: None Average: 2.3 (4 votes)

10 | Interpretation

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. In this Chapter, “child” means a legitimate child and “father” shall be construed accordingly.
  2. For the purpose of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place at which the ship or aircraft was registered or, as the case may be, in that country.
  3. For the purposes of this Chapter, a person shall be regarded as—
    1. born out of wedlock if—
      1. his parents were not married to each other at the time of his conception or birth and have not subsequently married each other; and
      2. he has not been adopted by order made under any law relating to the adoption of children in terms of which his status becomes that of a lawful child of the person adopting him;
    2.  born in wedlock if—
      1. his parents were married to each other at the time of his conception or birth, or have subsequently married each other; or
      2. his parents were not married to each other or have not married each other as provided in subparagraph (i), but he has been adopted by order made under any law relating to the adoption of children in terms of which his status becomes that of a lawful child of the person adopting him; and, for the purpose of determining whether or not such a person’s parents were or have been married to each other, a putative or voidable marriage shall be regarded as a valid marriage. [Subsection inserted by section 5 of Act No. 14 of 1996 - Amendment No. 14]
Your rating: None Average: 3 (1 vote)

11 | Preamble

Constitution of Zimbabwe (at 13th Feb, 2009)

Whereas persons in Zimbabwe are entitled, subject to the provisions of this Constitution, to the fundamental rights and freedoms of the individual specified in this Chapter, and whereas it is the duty of every person to respect and abide by the Constitution and the laws of Zimbabwe, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained herein, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the public interest or the rights and freedoms of other persons. [Section as substituted by section 6 of Act No. 14 of 1996 - Amendment No. 14]

Your rating: None Average: 5 (1 vote)

12 | Protection of right to life

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.
  2. A person shall not be regarded as having been deprived of his life in contravention of subsection (1) if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable in the circumstances of the case—
    1. for the defence of any person from violence or for the defence of property;
    2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
    3. for the purpose of suppressing a riot, insurrection or mutiny or of dispersing an unlawful gathering; or
    4. in order to prevent the commission by that person of a criminal offence; or if he dies as the result of a lawful act of war.
  3. It shall be sufficient justification for the purposes of subsection (2) in any case to which that subsection applies if it is shown that the force used did not exceed that which might lawfully have been used in the circumstances of that case under the law in force immediately before the appointed day.
Your rating: None Average: 2 (3 votes)