LAST week we discussed dual citizenship and established that it is now permissible since 2013 in terms of the new Constitution. It is, however, permissible only for citizens by birth. Citizens by registration or descent are not entitled to it in terms of Section 42(e). We discussed at length what a citizen by birth is. We also questioned why the Registrar-General’s Office continues to disseminate outdated, misleading and contradictory information about dual citizenship on its website and in currently issued passports. MIRIAM TOSE MAJOME
This information is ultra vires the Constitution and should be disregarded. Rather curiously on his most recent visit a week ago to South Africa, President Robert Mugabe was quoted saying that Zimbabwean law does not allow dual citizenship. This is completely wrong so the presidential legal department has its work cut out as we cannot have the Head of State saying such unconstitutional things at international platforms. This is just another of the many contradictory and misleading messages by government. For the avoidance of doubt dual citizenship is allowed in Zimbabwe for citizens by birth.
The applicable statutes are the Constitution and the Citizenship Act Chapter 4:01 which was last amended in 2003 so it is has to be updated in line with the 2013 Constitution. Zimbabwean citizenship is obtained by birth, descent, or by registration (naturalisation).
A person is a citizen by descent if that person was born outside Zimbabwe and either of the parents or grandparents was Zimbabwean by birth or descent. The parents would not be ordinarily resident in Zimbabwe and would have permanently left the country and adopted another country as their country of permanent residence. A person is also a Zimbabwean by descent if their parents were Zimbabwean citizens by registration.
Citizenship by registration (Naturalisation)
This is the legal process by which a citizen of another country becomes a citizen of another country. It may be done by individual application or in terms of a statute where the person does not have to apply for it. In Zimbabwe prospective citizens must apply to be registered as citizens if they require it. Since dual citizenship is outlawed for this group of people it means they have to renounce their prior citizenship. Examples of citizenship by registration occur through marriage, long term residency and adoption of foreign children. Citizenship and marriage
People everywhere since the beginning of the ages have complained of foreigners taking away “their” men and “their” women. In many places foreign-owned shops have been looted, burnt and foreign men driven out of communities for taking jobs and “stealing” local women.
Locally Nigerians, Congolese and lately Chinese nationals stand accused of entering into marriages of convenience with Zimbabwean women just so they can acquire Zimbabwean citizenship. The law provides that any person who has been married to a Zimbabwean for at least five years and qualifies in terms of the Act can apply to be registered as a Zimbabwean citizen. They also have the option of not applying for it so Zimbabwean citizenship is not acquired automatically just by marrying a Zimbabwean.
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Furthermore, applicants have to qualify in terms of the set criteria in the Act so it is not so easy to acquire Zimbabwean citizenship through marriage. They also have to renounce any other citizenship as they cannot have dual citizenship. Apart from meeting the qualifications they have to wait for five years from the date of marriage before applying. Is Zimbabwean citizenship lost through marriage?
Unless the Zimbabwean citizen renounces it marriage to a foreigner has no effect on their Zimbabwean citizenship. Zimbabwean citizenship is not lost through marriage or the dissolution of the marriage. If someone acquired Zimbabwean citizenship through marriage and the marriage ends in divorce they do not lose the acquired Zimbabwean citizenship.
Permanent Residency
It happens that foreigners sometimes come into the country and end up staying for a very long time and decide to take up Zimbabwean citizenship. Section 38(2) allows any person who has been continuously and lawfully resident in Zimbabwe for at least ten years and is a suitable person in terms of the Act to assume Zimbabwean citizenship.
They will have to apply for a certificate of registration. They will have to make a pledge of loyalty to Zimbabwe.
Such pledge of loyalty sworn by naturalising citizens is common in most countries. Some countries require applicants to write and pass an examination based on in depth knowledge of that particular country. Any other citizenship will have to be renounced before being registered as a Zimbabwean citizen. Adopted children
Zimbabwean law allows Zimbabweans to adopt children of foreign countries. Section 38(3) allows for the registration of those foreign children as Zimbabwean citizens. This is subject to the laws of the country of origin of the adopted child. Some countries may not allow foreigners to adopt children from their country. Orphans
Children under fifteen years of age living in the country but whose parents or nationality are unknown are presumed to be Zimbabweans and are regarded as citizens by birth. It is the duty of the State to register such orphans and give them identity particulars. This is a right accorded to all citizens.
Revocation and reinstatement of citizenship
It is possible to apply for reinstatement of Zimbabwean citizenship if it had been previously renounced or lost. This is done in terms of the Citizenship Act. Zimbabwean citizenship can be revoked if it is proved that there was fraud, concealment or misrepresentation used in its acquisition.
Citizenship is an inalienable right and everyone is entitled to it. It cannot be revoked if the effect of the revocation is to leave the person stateless. Some people turn up in the country without identity particulars and they cannot be returned anywhere.
Some purposefully destroy their identification particulars so that they cannot be returned to their country of origin as will be unknown. Zimbabwe is party to various international conventions such as Refugee Protocols of 1951, 1967 and 1969 respectively in addition to having its own Refugees Act Chapter 4:03. By operation of international and domestic laws all people have to be documented in some way and be identifiable as either citizens, non-citizens or refugees.
●Miriam Tose Majome is a lawyer and a teacher. She can be contacted on [email protected]
