23/03/2018
CitizenshipOfZimbabwe Advisory Note No.1
Citizen By Birth
The Citizenship of Zimbabwe is provided for by Chapter 3 (Sections 35 to 43) of the Constitution of Zimbabwe, 2013.
The Constitution of Zimbabwe is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency. The obligations imposed by the Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them.
The Constitution provides three citizenship of Zimbabwe categories as follows:
Citizenship by birth
Citizenship by descent; and
Citizenship by registration
At the moment only citizens of Zimbabwe by birth are permitted to hold dual citizenship i.e. the citizenship of Zimbabwe and that of another country.
Citizens of Zimbabwe by descent and by registration are presently prohibited from holding dual citizenship.
In terms of the Constitution of Zimbabwe there are only six (6) situations in terms of which a person can be a citizen of Zimbabwe by birth as follows:
Persons born in Zimbabwe and either mother or father or both parents have citizenship of Zimbabwe at time of birth;
Persons born in Zimbabwe and either grandmother or grandfather or both grandparents have citizenship of Zimbabwe by birth or by descent at time of birth;
Persons born outside Zimbabwe and either mother or father or both parents have citizenship of Zimbabwe and ordinarily resident in Zimbabwe at time of birth;
Persons born outside Zimbabwe and either mother or father or both parents have citizenship of Zimbabwe and working abroad for the State or an international organisation at time of birth;
Children found in Zimbabwe; under the age of fifteen and unknown nationality; unknown parents;
Persons born and ordinarily resident in Zimbabwe before 22 May 2013 to a parent who is a citizen of any SADC country.
It is only people who fall into any of the above categories that may correctly and lawfully be called citizen of Zimbabwe by birth.
It is likewise only people who fall into any of the above categories that may correctly and lawfully hold dual citizenship i.e. the citizenship of Zimbabwe and that of another foreign country and by extension the passports of Zimbabwe and a foreign country
A Different Kind of Lawyer
