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zimbabweHome > Lawyers > Zimbabwe > Constitution> citizenship
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Citizenship

CHAPTER II CITIZENSHIP

4: Citizens of Zimbabwe on Independence
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.

5: Citizenship by birth
  1. A person born in Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by birth, unless--
    1. at the time of his birth, his father--
      • possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Zimbabwe; and
      • is not a citizen of Zimbabwe;
or
  1. at the time of his birth--
    • his father is a enemy alien; and
    • 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
  2. at the time his birth, his father or, in the case of an illegitimate child, 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
  3. at the time of his birth, his father or, in the case or an illegitimate child, his mother is--
    1. not a citizen of Zimbabwe; and
    2. not ordinarily resident in Zimbabwe.
  1. A person born outside Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by birth if--
    1. his father or, in the case of an illegitimate child, his mother is at the time of his birth--
      • 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
      • lawfully ordinarily resident in Zimbabwe; and
    2. his birth is registered in accordance with the law relating to the registration of births.
6: Citizenship by descent
Save as is otherwise provided by section 5 (2), a person born outside Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by descent if--
  1. his father or, in the case of an illegitimate child, 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.
7: Citizenship by registration
  1. Any person who, immediately before the appointed day, possessed such qualifications prescribed by the law then in force relating to citizenship as would have entitled the Minister as defined in that law, upon application duly made an subject to the applicant satisfying the Minister as to certain matters, to authorize his registration as a citizen shall be entitled--
    1. upon making application at any time during the period of five years from the appointed day in such manner as may be prescribed by or under an Act of Parliament; and
    2. after satisfying the Minister for the tie being responsible for citizenship as to those matters; to be registered as a citizen of Zimbabwe
  1. Any woman who--
    1. is on the appointed day, married to a person who--
      • is, on the appointed day, a citizen of Zimbabwe by virtue of the provisions of section 4; or
      • after the appointed day becomes a citizen of Zimbabwe while the marriage still subsists; or
    2. prior to the appointed day, was married to a person who--
      • is, on the appointed day a citizen of Zimbabwe by virtue of the provisions of section 4; or
      • 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, marries a person who is a citizen of Zimbabwe or who becomes a citizen of Zimbabwe while the marriage still subsists; 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.

  2. 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.

  3. 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.

  4. The registration as a citizen of Zimbabwe of a person referred to in subsection (1), (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.

  5. A person referred to in subsection (1) who has not been registered as a citizen of Zimbabwe shall, for the period referred to in that subsection, enjoy the same rights and privileges, other than those which relate to the acquisition of citizenship or which relate to qualifications for members of Parliament or voters, as a citizen of Zimbabwe.

    [Subsection as amended by section 26 of Act 31 of 1989]

  6. 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 the 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 illegitimate, the mother of the child;
    2. in any other case, the father of the child.

  7. 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.
8: Dual citizenship
Section repealed by section 2 of Act 1 of 1983

9: Powers of Parliament in relation to citizenship
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;
  2. the circumstances in which a person may cease to be a citizen of Zimbabwe;
  3. the deprivation of any person of his citizenship of Zimbabwe;
  4. the renunciation by any person of his citizenship of Zimbabwe:

    Provided that no such law shall provide for the cessation by, or deprivation of, any person of his citizenship of Zimbabwe where such person is a citizen thereof by birth except on the grounds that he is or has become a citizen of some other country.

    [Section as substituted by section 3 of Act 1 of 1983]
10: Interpretation
  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 abroad 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.
 
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