CHAPTER 4:01

CITIZENSHIP OF ZIMBABWE ACT (Act No. 23 of 1984 as amended by Act No. 7 of 1990) (Chap. 4:01)

ARRANGEMENT OF SECTIONS

PART I: PRELIMINARY

Section

1. Short title.

2. Interpretation.

PART II: REGISTRAR-GENERAL OF CITIZENSHIP

3. Registrar-General of Citizenship.

PART III: ACQUISITION OF CITIZENSHIP BY REGISTRATION

4. Applications for registration of persons of full age and sound mind.

5. Applications for registration of persons under legal disability.

6. Rejected applications and applications from former citizens not to be considered for two years.

7. Registration.

8. Certificates of registration.

PART IV: PROHIBITION OF DUAL CITIZENSHIP AND RENUNCIATION, DEPRIVATION, LOSS AND RESTORATION OF CITIZENSHIP

9. Prohibition of dual citizenship.

10. Renunciation of citizenship.

11. Deprivation of citizenship.

12. Children of persons deprived of citizenship.

13. Loss of citizenship through absence from Zimbabwe.

14. Restoration of citizenship.

PART V: GENERAL

15. Citizenship of women not affected by marriage.

16. Minister not required to give reasons for decisions.

17. Honorary citizens.

18. Certificates of citizenship in certain cases.

19. Minister may extend periods.

20. Evidence.

21. Offences and penalties.

22. Regulatory powers of Minister.

23. Transitional provision: non-citizen office-holders.

AN ACT to make further provision for citizenship of Zimbabwe and to provide for matters connected therewith or incidental thereto.

WHEREAS sections 4, 5, 6 and 7 of the Constitution provide as follows (the references to 'the appointed day' being references to the 18th April, 1980)-

4. 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. (1) A person born in Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by birth unless-

(a) at the time of his birth, his father-

(i) possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Zimbabwe; and

(ii) is not a citizen of Zimbabwe;

(b) at the time of his birth-

(i) his father is an enemy alien; and

(ii) 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;

(c) at the time of 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

(d) at the time of his birth, his father or, in the case of an illegitimate child, his mother is-

(i) not a citizen of Zimbabwe; and

(ii) not ordinarily resident in Zimbabwe.

(2) A person born outside Zimbabwe on or after the appointed day shall be a citizen of Zimbabwe by birth if-

(a) his father, or, in the case of an illegitimate child, his mother is at the time of his birth-

(i) 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

(ii) lawfully ordinarily resident in Zimbabwe;

and

(b) his birth is registered in accordance with the law relating to the registration of births.

6. 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-

(a) 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

(b) his birth is registered in accordance with the law relating to the registration of births.

7.(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 and subject to the applicant satisfying the Minister as to certain matters, to authorize his registration as a citizen shall be entitled-

(a) 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

(b) after satisfying the Minister for the time being responsible for citizenship as to those matters;

to be registered as a citizen of Zimbabwe.

(2) Any woman who-

(a) is, on the appointed day, married to a person who-

(i) is, on the appointed day, a citizen of Zimbabwe by virtue of the provisions of section 4; or

(ii) after the appointed day, becomes a citizen of Zimbabwe while the marriage still subsists;

(b) prior to the appointed day, was married to a person who-

(i) is, on the appointed day, a citizen of Zimbabwe by virtue of the provisions of section 4; or

(ii) 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;

(c) 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.

(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 (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.

(6) 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.

(7) In subsection (3), 'responsible parent', in relation to a child, means-

(a) 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 illegitimate, the mother of the child;

(b) in any other case, the father of the child.

(8) For the purposes of this section, a person shall be regarded as-

(a) of full age if he has attained the age of majority or if, being under that age, he is or has been married; and

(b) of full capacity if he is not of unsound mind.

AND WHEREAS section 9 of the Constitution provides that an Act of Parliament may make provision in respect of citizenship:

NOW, THEREFORE, be it enacted as follows:-

PART I: PRELIMINARY (sections 1-2)

1. Short title

This Act may be cited as the Citizenship of Zimbabwe Act.

2. Interpretation

(1) In this Act-

'foreign country' means any country other than Zimbabwe;

'former citizenship law' means-

(a) the Citizenship of Zimbabwe Act [Chapter 23 of 1974]; or

(b) the Citizenship of Southern Rhodesia and British Nationality Act, 1963 (No. 63 of 1963); or

(d) the Southern Rhodesia Citizenship and British Nationality Act, 1949 (No. 13 of 1949); or

(e) the law relating to naturalization in force in Zimbabwe before the 1st January, 1950;

'Minister' means the Minister of Home Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

'oath of loyalty' means the oath of loyalty in the form specified in Schedule 1 to the Constitution;

'person under legal disability' means a person who is not of full age or sound mind;

'Registrar-General' means the Registrar-General of Citizenship referred to in section three;

'responsible parent', in relation to a child, means-

(a) if the father is dead or the mother has been given custody of the child by virtue of a law relating to the guardianship of children or the child is illegitimate, the mother of the child; or

(b) in any other case, the father of the child.

(2) For the purposes of this Act-

(a) a person shall be regarded as being of full age if he has attained the age of eighteen years or if, being under that age, he is or has been married;

(b) a person shall be regarded as not having attained a specified age until the commencement of the relevant anniversary of the day of his birth;

(c) any period of residence, event occurring or thing done before the 18th April, 1980, in the area which on that date was included in the external boundaries of Zimbabwe shall be treated as though it were a period of residence, event occurring or thing done, as the case may be, in Zimbabwe;

(d) a person shall be regarded as ordinarily resident in Zimbabwe if he has lawfully and voluntarily established his usual place of residence in Zimbabwe, otherwise than as a visitor, with the intention of remaining therein.

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PART V

GENERAL (sections 15-23)

15. Citizenship of women not affected by marriage

A married woman shall, subject to this Act and Chapter II of the Constitution, be capable of acquiring, losing, divesting herself of and being deprived of, citizenship of Zimbabwe in all respects as if she were an unmarried woman of full age.

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