Omar Bennett
The topic of dual citizenship in Zimbabwe has been a complex and evolving issue, with a historical backdrop spanning from colonial settlement in 1890 to the country's independence in 1980. The Citizenship of Zimbabwe Act of 1984 originally prohibited dual citizenship, but the 2013 Constitution of Zimbabwe Amendment introduced a significant shift by allowing dual citizenship and decriminalising it. This amendment, which recognises three types of citizenship (by birth, descent, and registration), has had a profound impact on Zimbabweans, particularly those with foreign citizenship or residency status. The courts have played a pivotal role in interpreting and enforcing these rights, with cases such as Mutumwa Dziva Mawere v. Registrar General & Ors CCZ4|15 and Madzimbamuto vs. Registrar General reinforcing the legality of dual citizenship and shaping the immigration landscape for thousands of Zimbabweans worldwide.
| Characteristics | Values |
|---|---|
| Dual citizenship allowed | Yes, since 2013 |
| Types of citizenship | By birth, by descent, and by registration |
| Dual citizenship for | Citizens by birth, not for those by descent or registration |
| Requirements for citizenship by birth | Person must be born in Zimbabwe to a Zimbabwean mother or father |
| Requirements for citizenship by descent | Child must be born outside Zimbabwe to Zimbabwean parents |
| Requirements for citizenship by registration | Person must have dwelled in the country for at least five years before requesting naturalization |
| Renunciation of other citizenship | Not required for dual citizenship |
| Visa fees for dual citizens | Outlawed by the Zimbabwean Court |
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What You'll Learn
Dual citizenship in Zimbabwe: a history
The history of dual citizenship in Zimbabwe has been a complex and evolving issue, with various developments over the years. Initially, after gaining independence from Britain in 1980, Zimbabwe allowed dual nationality, and a provision was made for subsequent nationality legislation to provide qualifications for registration, eliminating the term naturalisation. However, this changed with the Citizenship of Zimbabwe Act of 1984, which strictly prohibited dual citizenship. Under this Act, individuals with other nationalities were required to renounce their foreign citizenship by the end of 1985.
In the following decades, there were several amendments to the Citizenship of Zimbabwe Act. In 2001, the Act was amended to give women an equal right to pass on their nationality to adopted children. Further revisions were made in 2003 to allow children of Southern Africa Development Community (SADC) member country nationals residing in Zimbabwe to apply for Zimbabwean nationality if they renounced other nationalities.
The next significant shift occurred in 2013, with the introduction of a new constitution. This constitution recognised three types of citizenship: citizenship by birth, citizenship by descent, and citizenship by registration. Importantly, it allowed for dual citizenship, decriminalising the practice. However, it is important to note that dual citizenship is not an absolute right for all. Section 42(e) of the Constitution prohibits dual citizenship for those who are citizens by registration or descent, limiting it to those who are citizens by birth.
The Constitutional Court of Zimbabwe played a pivotal role in upholding the rights of dual citizens. In the landmark case of Mutumwa Dziva Mawere v Registrar General in 2013, the Court ruled that an individual born in Zimbabwe to a Zimbabwean mother who had emigrated and acquired South African citizenship was still a citizen of Zimbabwe by birth. This decision confirmed the Constitutional recognition of dual citizenship and set a precedent for similar cases.
Despite the legalisation of dual citizenship, challenges persist. Some civil servants have been resistant or unaware of the changes, leading to ongoing issues for dual citizens. Additionally, there are discrepancies between the 2013 Constitution and the 1984 Citizenship Act, which has not been fully amended to align with the constitutional changes. These complexities underscore the evolving nature of dual citizenship rights in Zimbabwe, highlighting the need for continued legal advocacy and clarity.
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The 2013 Constitution and its impact
The 2013 Constitution of Zimbabwe allows for dual citizenship, recognising three types of citizenship: citizenship by birth, citizenship by descent, and citizenship by registration. This change in law has had a significant impact on Zimbabweans, particularly those living abroad. The recognition of dual citizenship has allowed Zimbabweans living abroad to retain their Zimbabwean citizenship and enjoy the rights associated with it, such as the right to free movement and unconditional residence in Zimbabwe.
Prior to the 2013 Constitution, the Citizenship of Zimbabwe Act of 1984 prohibited dual citizenship. This meant that Zimbabweans who acquired another citizenship were required to renounce their Zimbabwean citizenship. The new Constitution decriminalised dual citizenship, allowing citizens by birth to hold dual nationality without renouncing their original citizenship. This change in law was confirmed in several court cases, including Mutumwa Dziva Mawere v. Registrar General and Madzimbamuto vs Register General, where the Constitutional Court of Zimbabwe ruled that dual citizenship is legal and that the immigration department could not restrict the right to free movement or residence in Zimbabwe for dual citizens.
The impact of the 2013 Constitution on dual citizenship has been far-reaching. It has allowed Zimbabweans living abroad to maintain their connection to their home country and has provided them with the legal right to return and reside in Zimbabwe without fear of penalty for long absences or lack of a valid Zimbabwean passport. Additionally, it has eliminated the need for dual citizens to pay visa fees or permanent residence permit fees upon their arrival in Zimbabwe, as they are guaranteed the right of entry and residence under Section 66 of the Constitution.
However, it is important to note that dual citizenship is not an absolute right for all persons under the 2013 Constitution. Section 42(e) of the Constitution prohibits dual citizenship for those who are citizens by registration or by descent. Therefore, only Zimbabwean nationals who are citizens by birth are entitled to dual citizenship without having to renounce their other nationality. Nonetheless, the recognition of dual citizenship in the 2013 Constitution has been a significant development in Zimbabwean nationality law, providing greater flexibility and opportunities for many Zimbabweans, particularly in the context of global migration and investment.
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Who is eligible for dual citizenship?
The Zimbabwean Constitution of 2013 recognises three types of citizenship: citizenship by birth, citizenship by descent, and citizenship by registration. The Constitution allows dual citizenship for citizens by birth. However, dual citizenship is prohibited for citizens by registration or descent.
Citizenship by birth is granted to those born in Zimbabwe with at least one Zimbabwean parent or grandparent. Children born outside of Zimbabwe to Zimbabwean parents are also considered citizens by birth and are eligible for dual citizenship.
Citizenship by descent is when an individual is born outside of Zimbabwe but has at least one parent or grandparent who is a Zimbabwean citizen by birth or descent. This type of citizenship is not eligible for dual citizenship.
Citizenship by registration is a pathway to citizenship for those who do not qualify for citizenship by birth or descent. It typically involves residing in the country for a certain period before applying. This type of citizenship is also not eligible for dual citizenship under the Zimbabwean Constitution.
It is important to note that while the 2013 Constitution allows dual citizenship for citizens by birth, there may still be complexities and varying interpretations in practice. Seeking professional advice is recommended when navigating dual citizenship in Zimbabwe.
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Rights and restrictions for dual citizens
Zimbabwe's laws and regulations surrounding citizenship have evolved since the country's independence in 1980. The Citizenship Act of 1984 prohibited dual citizenship, but the 2013 Constitution of Zimbabwe introduced significant changes, allowing dual citizenship for citizens by birth. This right was further upheld by the Constitutional Court of Zimbabwe in the case of Mutumwa Dziva Mawere v. Registrar General in 2013.
Rights
- Dual citizens of Zimbabwe are guaranteed the right to free movement, entry, and residence in Zimbabwe, as outlined in Section 66 of the Constitution.
- They are not required to renounce their original citizenship upon acquiring dual citizenship.
- Dual citizens are exempt from visa fees and permanent residence permit fees upon their arrival in Zimbabwe, as the imposition of such fees was deemed unlawful and unconstitutional by the Zimbabwean courts.
- Dual citizens can present either of their passports when entering Zimbabwe, although most tend to present their foreign passport due to long periods of absence.
Restrictions
- Section 42(e) of the Constitution prohibits dual citizenship for those who are citizens by registration or descent. This restriction is further supported by the Citizenship Act, which states that an adult cannot hold more than one nationality unless acquired automatically through marriage.
- Dual citizenship is not an absolute right for all persons, and there are specific criteria for eligibility.
- There may be limitations on certain rights and privileges for dual citizens, such as holding specific government offices or positions that require single citizenship.
- Dual citizens who are absent from Zimbabwe for a continuous period may face involuntary loss of Zimbabwean citizenship after a certain number of years, as determined by Zimbabwean law.
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The future of Zimbabwean nationality law
Zimbabwean nationality law is regulated by the Constitution of Zimbabwe, the Citizenship of Zimbabwe Act, and its revisions, as well as various international agreements to which the country is a signatory. The Constitution of Zimbabwe Amendment (No. 20) Act, 2013, allows dual citizenship, thus decriminalising the practice. However, dual citizenship is not an absolute right for all persons, as Section 42(e) of the Constitution prohibits dual citizenship with respect to those who are citizens by registration or descent. Therefore, a Zimbabwean national may only acquire dual citizenship if they are a citizen by birth. This was confirmed in the case of Mutumwa Dziva Mawere v Registrar General & Ors CCZ4|15, where the applicant, who was born in Zimbabwe and had emigrated to South Africa, was denied a Zimbabwean passport and identity documents upon his return. The Constitutional Court found him to be a citizen of Zimbabwe by birth and that he was entitled to dual citizenship without having to renounce his South African citizenship.
The recognition of dual citizenship is a significant development for Zimbabwean nationality law, which has had a chequered history since the days of colonial settlement in 1890. The legalization of dual citizenship has allowed thousands of Zimbabweans who had migrated to regain their Zimbabwean citizenship and routinely visit the country. However, upon arrival, many of these dual citizens presented their foreign passports and were treated as migrants, being required to apply and pay for visas. In 2020, a Zimbabwean Court ruled that visa fees for dual citizens were unlawful and unconstitutional, guaranteeing the right of entry and residence in Zimbabwe for dual citizens.
Despite the recognition of dual citizenship in the 2013 Constitution, there are still discrepancies with the 1984 Citizenship Act, which forbids any adult from holding more than one nationality. The Act has not been amended to conform with changes in the Constitution, and there may be resistance from civil servants to accept and enforce the changes.
Looking forward, the future of Zimbabwean nationality law appears to be focused on aligning the country's laws with the 2013 Constitution. The recognition of dual citizenship is a significant step towards this goal, and it remains to be seen whether further amendments will be made to the Citizenship Act to resolve the discrepancies with the Constitution. With the increasing globalisation and mobility of individuals, the demand for dual citizenship is likely to continue, and Zimbabwean nationality law will need to adapt to these changing circumstances.
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Frequently asked questions
Yes, the new Zimbabwe Constitution, adopted in 2013, allows dual citizenship.
According to the Constitution, dual citizenship is only permitted for citizens by birth. This means that if you acquired Zimbabwean citizenship by descent or registration, you are not eligible for dual citizenship.
The Zimbabwean Constitution recognises three types of citizenship: citizenship by birth, citizenship by descent, and citizenship by registration.
No, dual citizens in Zimbabwe are guaranteed the right to free movement, residence, and immunity from expulsion under Section 66 of the Constitution. They are not required to renounce their original citizenship and do not need to pay visa or permanent residence permit fees when entering the country.
The Citizenship of Zimbabwe Act of 1984 strictly prohibited dual citizenship. However, in 2013, the Constitution was amended to allow dual citizenship for citizens by birth. This was further confirmed by court rulings, such as the Mutumwa Dziva Mawere v Registrar General case in 2013 and the Madzimbamuto vs Registrar General case.
