University of Minnesota Human Rights Library

In Africa as well as anywhere else in the World, the issue of citizenship is emotively contested both socially and politically. For it is citizenship that defines ones’ enjoyment of the greatest possible rights especially political rights within the contemporary conception of today’s nation state. Global Policy Forum in an article published in 2000, stated that ‘the idea of a democracy constructed within the nation state makes political rights dependent on a person’s nationality (this is particularly true in France). Before you can vote, either you must be a national of the country concerned, or you have to acquire nationality on the particular terms and conditions laid down by that country. That then gives you political rights including the right to vote. So the rights that form the basis of your citizenship depend on having nationality.’ Citizenship therefore is critical in seeking to determine one’s access to, and the extent to which one can enjoy certain rights within the parameters of a nation state.

Citizenship in Africa has and continues to cause serious socio-political and ethno-political conflicts some of which have led to serious wars and genocides. Examples here are the genocide of Rwanda in 1994, the ongoing rebel wars in Burundi, DR Congo, etc. The Africa Citizenship and Discrimination Audit, at its meeting in Dakar (hereinafter the Dakar meeting), Senegal in 2004 clearly captured this aspect of issues of citizenship in Africa by stating that ‘the advent of multi-party democracy in many African states in the 1990s heightened the political significance of distinguishing citizens from non-citizens, and led to a marked increase in attempts to denationalise political opponents and/or entire ethnic and social groups.’ Needless to say these illegal attempts dressed in perceived legality by those in power have led to serious polarization of national societies.

In accordance with the resolutions of the Dakar meeting, this Zimbabwe Audit has as its central objective, the collection of laws and administrative texts related to citizenship and discrimination and analyse as to whether discrimination exists in law. Additionally, the Audit also seeks to document discriminatory practices. The effects, according to the Dakar meeting are manifest in deprivation of rights, which include (1) rights guaranteed to citizens and (2) rights guaranteed to all.

Zimbabwe due to celebrate its silver jubilee of independence from Britain its former colonial master, and dominated for years by one political party ZANU-PF led by President Robert Gabriel Mugabe, till the formation of the Movement for Democratic Change (MDC) led by the former Trade Unionist Morgan Tsvangirai has apart from these two bitter rival contesting parties about four other smaller political parties whose significance is very low for various reasons that for some, include their ethnic leanings in terms of composition and ideology. These four, measured from the year 2000’s Zimbabwe Parliamentary and 2002 Zimbabwe Presidential elections, include the National Alliance for Good Governance (NAGG) led by Shakespeare Maya, United Parties led by Bishop Abel Muzorewa the former puppet Prime Minister of the illegal coalition government of Rhodesia-Zimbabwe, Zimbabwe African National Union-Ndonga (ZANU-Ndonga) led by Wilson Kumbula and whose major supporters are most of the people belonging to the Ndau ethnic group. The party is mainly confined to two main areas of Manicaland province in the far eastern part of Zimbabwe. These are Chipinge and some parts of Chimanimani area. The fourth small party is the Zimbabwe African Peoples’ Union (ZAPU) led by Agrippa Madlela. ZAPU also has the same weakness as ZANU-Ngonga to the extent that its supporters are drawn from mainly Ndebele people and espouses near extremist views.

In Africa the concept of ethnicity is defined to a great extent by the language that is spoken and also the location of each particular group within the borders of a particular state. An analysis of the languages spoken also points to the fact that many groups in Africa that are defined as ethnic groups are in fact not ethnic groups as the definition states. They are ‘sub-ethnic-groups’ within a larger ethnic group. For example, the shona ethnic group in Zimbabwe has within it many sub-ethnic-groups, the Zezuru, the Manyika, the Maugwe, etc. These sub-ethnic-groups all speak the shona language but different dialects of it. The differences in dialect are so minor that it is mostly one’s tone and the manner of pronouncing words that immediately points to that person’s sub-ethnic-group. These sub-ethnic-groups also have almost similar cultural practices. The only differences in cultural practices are in their contemporary manner of practise not in their origin.

It is from the above that one can state that Zimbabwe is a multicultural, multilingual and to a small extent owing to the reduced percentage of white and Asiatic people remaining in the country, a multiracial country. Its ethnic composition is dominantly Shona who form almost 98% of the total population. The Ndebele ethnic group, the second largest, make up 14%, the other smaller Bantu groups together comprise 2% of the total population. These other smaller groups are made up of the following ethnic groups: the Sena and Chewa people who are originally from Malawi and Mozambique. They migrated into Zimbabwe as labourers mainly on white commercial farms, in plantations and on white residential places. They have no specific area to be found. Most continue to live and work on farms. Those that have been displaced are finding themselves having to live adjacent to the farms and others are finding themselves having to settle in neighbouring villages. The Nambya ethnic group is to be found around the Hwange area and they are a group of less than a million people. The Tonga ethnic group also comprising of less that a million people is found in Binga district near Kariba. The Venda people who are descendents of the original inhabitants of Great Zimbabwe in Masvingo are now largely found around the Beitbridge area bordering South Africa’s northern Limpopo province where the Venda people live. This group is also made up of less that a million people. The Shangani ethnic group is found around Chiredzi an area bordering Beitbridge. This group also comprises less than a million people.

There are also in Zimbabwe other very small ethnic groups some comprising of as little as twenty thousand (20 000) people. The Kalanga ethnic group made up of less than a million people is found around the Nyamandlovu, Kezi, Matobo and Tsholotsho areas of Matebeland. The Sotho ethnic group is found in Gwanda South in Manana and is made up of between thirty and forty thousand (30 000 – 40 000) people. The Khoisan ethnic group made up of just about five thousand (5000) people is found around the Tsholotsho district in Maganwini, Sinkeule, Pumula and Dombomasili areas. The Tswana who have their origins from Botswana are found in the Bulilima and Mangwe districts in Mpoeng area of Matebeleland province on the Botswana and Zimbabwe border. The Fingo ethnic group also referred to as Xhosa are found in the Embembezi (Mbembezi) and Fort Rixon areas just outside of Bulawayo in Matebeleland. The Doma, who themselves prefer to be called the Dema ethnic group is made up of just about twenty thousand (20 000) people and are found in Guruve North in Chiramba, Koranzi or Chankara and Chiyambakuhwe areas in northern Zimbabwe on bordering Zambia. The Chikunda ethnic group is found in Kanyemba and Chikafa areas. The other very small ethnic group is the Hwesa group and is found around Nyanga in the eastern districts of Zimbabwe. Those of mixed race and Asians comprise about 1% with white people of European descend making up less than 1% of the total population.

b. Public Discourse on Ethnic and Racial Discrimination and Citizenship in Zimbabwe

Since about 2000 when for the first time in Zimbabwe there was a genuine emergence of opposition politics senior politicians in ZANU PF have set the tone for discriminatory in policies usually using hate language as a tool to build ethnic and racial hatred in virtually all spheres of life. Some of the utterances which have set the context in which the overall discriminatory policies have arisen will now be considered below. In February 2001 when citizens complained about discrimination on the basis of citizenship and ethnicity, the Minister of State in the President’s Office responsible for information, Professor Jonathan Moyo reportedly threatened to remove passports as ‘privileges’ not rights, from all Zimbabweans involved in calls for international sanctions against Zimbabwe. Minister of Home Affairs John Nkomo threatened revised legislation to prevent “abuse of passports�?. Following the Supreme Court’s ruling in the Carr case that foreign citizenship could be retained if it had been renounced in accordance with Zimbabwean law, the Citizenship of Zimbabwe Amendment Act was fast tracked through Parliament that required all dual citizens within six months to prove that they had renounced their foreign citizenship to the foreign state concerned in order to retain their Zimbabwean citizenship. Patrick Chinamasa denied any “racist motive behind this Bill�? but advised white Zimbabweans that they should never make the mistake of renouncing Zimbabwean citizenship in favour of British. “They will live to regret…�? Accordingly to the state – owned media, “ There are concerns that those with dual citizenship are behind efforts to discredit the Government economically and politically by enlisting foreign governments to use “diplomatic and other means�? to topple the Zanu P F Government.

Since those discriminated against were initially successfully getting remedies through the courts, senior politicians immediately targeted the bench for attack thereby seriously eroding the Rule of Law. This will now be looked at in some detail. In 2001 the Minister of Justice exerted substantial public pressure for the Chief Justice Gubbay to resign as he was seen to be protecting minority interests. To avert a constitutional crisis the Chief Justice compromised and agreed to leave his job on certain conditions but the war veterans, a militia that the state controls and uses to achieve political results made threats to the judiciary through its leader Chenjerai Hunzvi who vowed to oust the entire Supreme Court bench and four non black High Court judges. An MP Zacharia Ziyambi (Zanu P F Kadoma West) had earlier stated in Parliament that “when we are at this state of pursuing our revolution, they (judges) need also to play the tune … they also need to bend down and do like what the revolution requires us to do.�? Justice Minister, Patrick Chinamasa was also quoted as saying that judges should be politically correct: if they behave like “unguided missiles. I wish to emphatically state that we will push them out.�? He reportedly also said that Government would not rest until there was a complete overhaul of the Judiciary by the removal of ‘Eurocentric’ judges regarded as being in conflict with the other arms of Government and perceived as constituting “ the main opposition to the ruling party�?. Chinamasa was also quoted as saying that “the present composition of judiciary reflects that the county is in a semi – colonial state, half free, half enslaved.�? In addition to calling for the removal of the Chief Justice because he was first appointed to the high court by the ‘racist Smith regime’ Chinamasa also inveighed against high – ranking blacks who have allegedly forgotten their humble origins and delude themselves into thinking that they are where they are solely through their own merit’. He was supported by various chiefs who claimed for themselves the right to adjudicate land disputes. The war veterans’ also stepped up their pressure on judges with ZNLWVA’s Harare branch vice Chairman, Mike Moyo, quoted as saying, with complete disregard for the facts, the judiciary of Ian Smith is still with us now, joined by some black puppet judges who are making their own laws instead of following laws made by Parliament. Inyika Trust a surrogate NGO repeatedly called for the removal of the Supreme Court bench and in particular Chief Justice Gubbay for allegedly anti government rulings.

Letters were received by 120 Mutare, residents in the so called Indian community ordering theme to surrender a certain percentage (not specified) of their commercial land; improve working conditions, or face targeting by war veterans as ‘economic saboteurs and looters. The war veterans secretary for projects Andrew Ndlovu orchestrated the campaign. Mr Ndlovu was subsequently arrested. The war veterans are reported to regularly intervene in labour disputes concerning the “Indian Community�? in “Kangaroo Labour Courts.�?

In April 2001 the State president described white farmers as ‘traitors�? and white Zimbabweans generally as enemies of the State�?. He was specially contemptuous (– also on ZTV-) of black Zimbabweans who regard their white compatriots as ‘ cousins�?.

The State - owned media published numerous examples of racially – motivated crimes’ racial insults committed by whites against blacks and letters from blacks complaining of white racism.

Tribal clashes between Karanga and Shagane were reported from Jeka village. They were alleged incited by the re-elected Zanu P F MP for Chiredzi South, Aaron Baloyi who was already on bail of Z$1000 for his alleged role in such in such incitement last year. A policeman was seriously injured and crops worth Z25 000 were destroyed.

On the 11^th of October the ZANU-PF MP for Muzarabani, Nobbie Dzinzi, ordered out of his constituency all people originally from Buhera and Masvingo districts, because he considered them to support the MDC. The MP allegedly ordered out all people of the Karanga tribe and said that if they remained they would risk either being tortured or killed. Muzarabani is originally the home of the Korekore ethnic group. Evictions in the area intensified through October, with reports that several houses belonging to suspected MDC supporters had been burnt down, allegedly on Dzinzi’s orders. The houses in the majority belonged to teachers accused of being MDC supporters and Karangas. Also, a ZANU-PF aspiring councillor allegedly had his victory in the ZANU-PF primaries overturned on account of his ethnicity.

In another incident of tribalism, seven war veterans in Beitbridge dismissed the Headmistress of Msame Primary School, allegedly because the teachers are mainly Ndebeles and Shonas, not Vendas.

An Organisation based at the UN Plaza, New York, USA

Article entitled ‘Should Outsiders Have the Vote?’ written by Monique Chemiller-Gendreau, a lecturer in law at the Denis-Diderot University of Paris-VII

July 19-20, 2004

The Dakar meeting resolved that there are four types of discrimination that must be documented (See page 3, paragraph 2 of the meeting report/ summary). These are:

Discrimination on grounds of citizenship status (i.e., against migrants, refugees and other non-citizens) in access to fundamental rights.
Discrimination on grounds of race, ethnicity or religion in access to citizenship.
Discriminatory deprivation of citizenship.
Discrimination on grounds of race, ethnicity or religion in access to fundamental rights other than citizenship.

See Issue 5 of the Zimbabwe Human Rights Bulletin: (Zimbabwe Lawyers for Human Rights: September 2001)

For a fuller report on this, please see Issue 5 Zimbabwe Human Rights Bulletin (supra) @p25 or contact [email protected]

Issue 5 Zimbabwe Human Rights Bulletin (supra)

See full report on issue 3 Zimbabwe Human Rights Bulletin; (Zimbabwe Lawyers For Human Rights: June 200)

Discrimination and citizenship litigation in Zimbabwe took a marked increase in Zimbabwe from 2001 onwards since it appeared very clear that the state had taken a deliberate discriminatory policy to disenfranchise certain classes of citizens in order to retain political power for ZANU PF and fix people with “foreign links�? who were seen as having caused the people of Zimbabwe to support a new political party, the MDC. There is also disguised discrimination and citizenship litigation in the form of numerous court processes by white farmers to secure protection of the law against the organised farm invasions and arbitrary deprivation of property both movable and immovable. In both classes of cases the rule of law failed and political expediency prevailed as the courts were ineffectual to offer real and effective remedies. The majority of the people who were negatively affected by the discriminatory policies never pursued any litigation or remedies for many reasons chief among them being lack of sophistication and knowledge on how to deal with their predicament. In this brief we will focus on the discriminatory an citizenship litigation centering around disenfranchisement in chronological order. The Citizenship Amendment Act No 12 of 2001 required citizens with entitlement to foreign citizenship to renounce their foreign or entitlement to foreign citizenship by 6 January 2002 failing which they would be deemed to have lost their Zimbabwean citizenship.

One of the reasons why the renunciation process became an administrative burden was due to the fact that the Registrar-General informed the public that the renunciation process also had to be undertaken by those persons born in Zimbabwe, either or both of whose parents were born in a foreign country, but who had never applied for and/or been granted citizenship of any foreign country. An attempt to challenge the imposition of this obligation to renounce by such category of persons in terms of a class action failed before the Honourable Mr Justice Ndou in the High Court of Zimbabwe in the matter of Lesley Leventhe Petho –v- Minister of Home Affairs and The Registrar-General of Citizenship HH 221-2001.

The issue was raised again in the matter of Morgan Tsvangirai –v- Registrar-General and Others HH 29-02 where the Applicant argued that it was not necessary for those people who only had a claim to a foreign citizenship to renounce that foreign citizenship. He went further to say that such persons must number in the hundreds of thousands, if not millions, including all the persons over 18 years of age born in Zimbabwe, one or both of whose parents were born in Malawi, Mozambique, Zambia or South Africa (see page 11 thereof). The Registrar insisted that he was entitled to require that these persons renounce their foreign citizenship and that failing to do so they thereafter would be summarily removed from the voters’ roll, proving the theory that this was an exercise meant to purge the voters’ roll of perceived MDC supporters. The Honourable Mr Justice Adam found (at page 52) that the citizenship amendment legislation did not apply to a Zimbabwean citizen who had an entitlement or claim to a foreign citizenship.

An urgent chamber application was made in the High Court of Zimbabwe in the matter of Morgan Tsvangirai –v- Registrar-General and Others HH 29-02 seeking (amongst other relief) to extend the 6 January 2002 deadline. The urgent application was heard before the Honourable Mr Justice Adam and judgment reserved.

A proclamation was issued by the Minister of Justice, Legal and Parliamentary Affairs to the effect that the voters’ roll had been closed and an election was declared for the 9^th and 10^th March 2002.

Ignoring the above proclamation, the first set of Notices of Objection issued in terms of section 25 of the Electoral Act [Chapter 2:01] were sent out by registered post to Zimbabwean citizens who purportedly renounced their Zimbabwean citizenship in terms of the Citizenship Amendment Act No 12 of 2001. Each notice alleged that the person affected had lost his/her Zimbabwean citizenship and therefore was no longer entitled to remain as a registered voter on the voters’ roll. The affected voter was given seven days to appeal to the Constituency Registrar. In a large majority of the cases the notices were received after the seven-day deadline and when appellants attempted to lodge their appeals they met with resistance and refusal by the Constituency Registrar and the Registrar-General’s office. It was also clear that such notices had not been served upon the affected farm labourers and rural dwellers and therefore they were summarily struck off the voters’ roll without first having had an opportunity to be heard.

In addition, there were two distinct groups of people who received notices in error as they had either renounced their foreign citizenship and remained Zimbabwean citizens, or had never been Zimbabwean citizens and had always been entitled to vote as permanent residents since 31 December 1985, and a further disputed group who had failed to renounce a potential right to foreign citizenship.

On the same day, judgement in the matter of Morgan Tsvangirai – Registrar-General of Elections and 1 Other, and Morgan Tsvangirai –v- Registrar-General of Births and Deaths and 10 Others HH 22-2002 was handed down by the Honourable Mrs Justice Makarau. Inter alia, she ordered that, “The Registrar-General shall restore to the voters’ roll of any constituency, all voters who, on or before January 18 2002 were on that roll or were eligible but were refused to be on that roll, who may have lost or renounced their citizenship of Zimbabwe, but who since 1985, have been regarded by a written law to be permanently resident in Zimbabwe.�? The Registrar-General immediately appealed this judgment.

The matter of Diana Elizabeth Feltoe –v- The Constituency Registrar, Harare and 1 Other HH 30-2002 was brought before the Judge President of the High Court in Harare, the Honourable Mr Justice Garwe. The arguments outlined above were recorded.

A provisional order was granted stipulating that pending the determination of these issues, and irrespective of the outcome of the appeal before the magistrate, the constituency registrar was not to remove Feltoe’s name from the voters’ roll.

On the same day, and for the next two weeks, appellants began to receive Notices of Set Down throughout the country at times giving them less than 24 hours’ notice to appear in the Magistrates’ Court. This huge administrative process was initiated less than a month before the polling dates. Hearings commenced in the Magistrates’ Court throughout the country with most matters in Harare and Bulawayo being referred to a High Court judge in chambers in terms of section 28(1)(b) of the Electoral Act. The appellants’ cases were based inter alia on the arguments put forward above.

Other objections were withdrawn where they had been issued in error as above, and where the legal representatives of the constituency registrars had so consented. Some appeals were successfully argued before various magistrates throughout the country, while a number were unsuccessfully argued by self-actors who were struck off the voters roll. In all successful cases and cases which were withdrawn, written court orders were provided to the appellants to allow them to remain on the voters’ roll and vote in the presidential election.

The Supreme Court of Zimbabwe set to consider the appeal of the judgement of Makarau J in the matter of Registrar-General of Elections and 7 Others –v- Morgan Tsvangirai SC 12/2002.

Judgement in Morgan Tsvangirai –v- Registrar-General op cit was handed down by the Honourable Mr Justice Adam a month and a half after it was argued as an urgent application, in favour of the Applicant, and extended the deadline for renunciation to 6 August 2002. The order also stated that Zimbabwean citizens by birth did not have to renounce a potential foreign citizenship unless they actually hold the said foreign citizenship. This was in line with the Honourable Mrs Justice Makarau’s order, as above. The Registrar-General immediately appealed this judgment and Justice Adam’s order was suspended by operation of law.

Judgement in SC12/2002 was handed down. The majority of the Supreme Court (Chidyausiku CJ, Ziyambi, Malaba and Cheda JJA) overturned Makarau J’s decision. They held that citizens and permanent residents are separate and distinct categories. In terms of section 3(3) of Schedule 3 to the Constitution, those who had renounced their Zimbabwean citizenship in terms of the 2001 amendment were considered to have ceased to be Zimbabwean citizens and summarily lost their right to vote. Therefore they considered section 25 of the Electoral Act to be superfluous or non-applicable to their situation.

In a well-reasoned dissenting judgment, the Honourable Judge of Appeal Mr Justice Sandura, he found that citizenship by either birth or registration includes permanent residency and therefore persons in either of these categories are entitled to remain on the voters’ roll and vote both as citizens and as permanent residents. Thus, when they have renounced their Zimbabwean citizenship they continue to be entitled to remain on the voters’ roll and to vote in their capacity as permanent residents since 31 December 1985 in terms of a written law.

The Electoral (Presidential Election)(No 2) Notice, Statutory Instrument 14B of 2002 was promulgated by the Registrar-General of Elections. This retrospectively changed the date of closure of the voters’ roll from 10 January 2002 to 27 January 2002 in an attempt to validate the notices of objection sent out after 10 January 2002.

The Electoral (Presidential Election)(No 3) Notice Statutory Instrument 41A of 2002 was promulgated by the Registrar-General of Elections. This once again altered the date of closure of the voters’ roll to 3 March 2002. This retrospectively validated all further Notices of Objection issued by the constituency registrars after 27 January 2002.

The Electoral Act (Modification) Notice Statutory Instrument 41D of 2002 was promulgated by the President in terms of his controversial powers in terms of section 158 of the Electoral Act. Inter alia, section 6 thereof gave the Registrar-General the power to draw up a list of all persons who had received objections to their remaining on the voters’ roll for having renounced their Zimbabwean citizenship or having lost same by operation of the law. Every person on this list was not to be allowed to vote in the presidential election unless s/he can show that s/he successfully appealed against the objection. Meanwhile hundreds of appeals were pending in the High Courts of Harare and Bulawayo, and some matters had not yet been heard in Magistrates’ Courts throughout the rest of the country.

The cases referred to the High Court in Harare in terms of section 28(1)(b) of the Electoral Act were all set down on extremely short notice for 10:00am before the Honourable Mr Justice Hlatshwayo. A similar procedure was followed in Bulawayo. An agreement was entered into between the judge and the legal representatives of all parties in Harare to draw up a stated case and hear all the matters together. All but one of the appellants concerned agreed to abide by the judgment. This was done in an attempt to finalise the matters before the presidential election, which was two days away, and in the understanding that, if successful, the appellants would have proof to satisfy constituency registrars at the polling stations as per the requirements of SI 41D of 2002. The urgency and the necessity of achieving some form of certainty clearly infringed the appellants’ constitutional right in terms of section 18(9) of the Constitution to a fair hearing within a reasonable time.

Judgement was handed down verbally at 5:30pm in this matter of Peter Jackson and 634 Others –v- Registrar-General HC 2434/02. Although the appellants argued that the Supreme Court judgment was obiter in this respect as the court had not been properly addressed on the objection procedure as laid out in terms of the Electoral Act, Hlatshwayo J was not persuaded and held that he is bound by the majority decision of the Supreme Court. Whilst accepting a written concession from the Registrar-General that those Zimbabwe citizens with a potential right to foreign citizenship were not required to renounce this entitlement and therefore should not have been affected by this exercise, he ruled against the remaining appellants on the basis that they automatically lost their entitlement to vote when they lost or renounced their Zimbabwean citizenship. He went further to say that as the loss of the right to vote was automatic, there was no need to follow the procedures laid out in the Electoral Act, and on this ground disposed of the preliminary issues. This apparently breached section 18 of the Constitution as the right to vote had been withdrawn without the affected person being given a chance to be heard.

In Bulawayo, a court order was issued entitling appellants to vote provided that they could prove citizenship. This order was nugatory, as the whole exercise had been targeted at people who had lost or renounced their citizenship.

Elsewhere in the country, appeals remained pending in various Magistrates’ Courts.

On the same evening, being the eve of the presidential election, the matter of Morgan Tsvangirai –v- Registrar-General of Elections and Others, in which section 158 of the Electoral Act was challenged as giving unconstitutional powers to the President, and which sought to invalidate SI 41D of 2002 on this ground, was heard by the Supreme Court. Minutes before argument, a further Extraordinary Gazette became available, containing Statutory Instrument 42B of 2002. This repealed section 6 of SI 41B of 2002 and substituted it with a similar provision which retained the procedure pertaining to persons who had purportedly become disqualified to vote and the proof necessary to satisfy the constituency registrar that they were entitled to vote, but added a provision that granted the constituency registrar the power to adjudicate on whether an individual whose appeal has not yet been determined should be allowed to vote. The application was argued at length and the court was requested to invalidate these two statutory instruments. Despite the obvious urgency and importance of the matter, the Chief Justice reserved judgment. The Presidential election was held before judgment had been given making a mockery of the judicial process.

On the days of polling, those persons who were in possession of court orders from the Magistrates’ Court and presented same at the polling stations were denied their right to vote by the presiding officers and the constituency registrars in contravention of SI 42B. Also, those who had been advised that the objections lodged against them had been withdrawn were found to be on the list of disqualified voters when they attended at the polls and were also denied their right to vote.

The Citizenship Amendment Act also caused hardships in respect of travel documents and the most important challenge in this respect was made by Juddith Todd who was deprived of her Zimbabwean citizenship because of a perception that she was entitled to foreign citizenship. She was initially successful in the High Court before the Supreme Court got seized with the matter. In the High Court the following observations were made

“The applicant was born in Zimbabwe though both her parents were born in New Zealand. The Registrar General refused to renew he passport, claiming that she had lost her citizenship of Zimbabwe due to her failure to renounce her New Zealand citizenship, he alleged on no good grounds, that she was a citizen of New Zealand by descent. The court held that unless it was shown that the applicant was actually a citizen of New Zealand rather than having only a claim to that citizenship, there was no requirement for her to renounce anything. An entitlement, or claim, to foreign citizenship was insufficient to deny a person their Zimbabwean citizenship. If the Registrar General wished to show that she was a citizen according to the law of the New Zealand, he would have to call expert evidence to that effect.�?

The Supreme Court handed down judgement in the citizenship dispute launched by Judith Todd on 27 February 2003. Justice of Appeal Malaba (with Chidyausiku and Ziyambi JJA concurring) examined New Zealand law (ruling that it was applicable as her parents had been born in New Zealand, although Todd herself was born in Zimbabwe) and concluded that although she had not actively sought New Zealand citizenship at any time in her life, she was nevertheless entitled to it under the foreign law, and therefore should renounce such entitlement. The ruling was a great blow to millions of people in Zimbabwe who have been born here, but whose parents were born outside Zimbabwe. Such people, who did not renounce their entitlement to a foreign citizenship, and who have a legitimate claim to a foreign citizenship, now find themselves in the unfortunate position of having lost their Zimbabwean citizenship under the provisions of the Citizenship of Zimbabwe Act, and have therefore been rendered stateless – a situation prevented by the Constitution of Zimbabwe, but ignored by the Registrar General, Tobaiwa Mudede. Todd was forced by the court to renounce her New Zealand citizenship entitlement within 48 hours or risk becoming stateless by operation of the law. Litigation on the arbitrary deprivation of citizenship is contemplated in the African Commission on Human and Peoples Rights.

The Registrar – General lost in a case in which his office denied citizenship to a white Zimbabwean born here in 1982. He was given 30 days in which to issue Sterling Purser a Zimbabwean passport and, as in the case of Robin Anne Carr, also ordered personally to meet the costs of suit.

The constitution of Zimbabwe , which according to section 3 thereof is the supreme law of the land such that any law that is inconsistent therewith shall be void to the extent of the inconsistency provides in section 23 that

no law shall make any provision that is discriminatory either of itself or in its effect; and

no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

Zimbabwe has in its statute books a law – the Prevention of Discrimination Act 14 of 2002 (Chapter 8:16) which is designed to ‘prohibit discrimination on the ground of race, tribe, place of origin, national or ethnic origin, political opinions, colour, creed or gender and to provide a remedy for persons injured by such discrimination; to prohibit the promotion of such discrimination’.

Section 2(2) of Chapter 8:16 is the interpretation section, which lays down the conditions under which a person shall be deemed to have discriminated against another person. In defining the circumstances under which discrimination can occur, section 2(2) refers to discrimination that is aimed at one person or a class of persons. The section states that a person or class of persons will be deemed to have been discriminated against by another person where they are; refused admittance to any premises or place, not supplied or provided with any commodity, service or facility. Section 2(2) further states that discrimination also occurs where such person or class of persons are subjected to restrictions or onerous terms or conditions in order to be admitted to any premises or place, or provided with any commodity, service or facility. These discriminatory practices must find basis on grounds of that other person or class of persons’ race, tribe, place of origin, national or ethnic origin, political opinions, colour, creed or gender.

The word ‘onerous’ in terms of Chapter 8:16 should be understood as referring to ‘a term or condition’ that makes it a requirement for a person on whom it is imposed ‘to do anything; or to possess some quality, attribute, asset or property’ which requirement does not apply to other persons of a different race, tribe, place of origin, national or ethnic origin, political opinions, colour, creed or gender.

Chapter 8:16 goes further in section 3 to specifically outlaw discrimination with regard to the enjoyment and/or access to public premises, commodities, services and facilities on the same grounds as listed above.

Despite the existence of this anti-discrimination law, discriminatory laws have been promulgated by the government such as the Citizenship Amendment Act which disenfranchises citizens of foreign origin. Further seemingly colourless laws have been administered to achieve discrimination on the basis of ethnicity and citizenship such as laws allowing for compulsory acquisition of property, which have been used to target whites; laws on public order and security which have been used to target political opponents of ZANU PF real or perceived; NGO legislation, which has been used to target foreigners and reduce their ability to monitor human rights violations in Zimbabwe and to offer humanitarian assistance to victims of violations such as disenfranchised citizens (former farm workers) of SADC origin who are now mostly IDPs; media legislation which has been used to exclude citizens now deemed to be foreigners from owning media houses and fully enjoying the right to freedom of expression. Some of the laws will now be looked at briefly.

The starting point is section 3(1) of Schedule 3 to the Constitution of Zimbabwe, which states that there are two categories of voters entitled to vote in a presidential election, namely:

b) persons who, since 31^st December 1985, have been regarded by virtue of a written law as permanently resident in Zimbabwe.

Parliamentary Elections were held in Zimbabwe. MDC won 57 Parliamentary seats to ZANU-PF’s 62 seats. MDC took 77% of the urban vote, and ZANU-PF attribute their losses largely to the influence of white Zimbabwean citizens considered anti-government, as well as farmers and their workers, a majority of whom originate from neighbouring African countries.

The Citizenship Amendment Act No 12 of 2001 became operational in terms of General Notice 328 of 2001. The pertinent provision, section 3(c) repealed section 9(7) of the Citizenship of Zimbabwe Act [Chapter 4:01] and substituted it with the following:

shall cease to be a citizen of Zimbabwe six months after that date unless, before the expiry of that period, he has effectively renounced his foreign citizenship in accordance with the law of that foreign country and has made a declaration confirming such renunciation in the form and manner prescribed.

Leaving aside the arguable deviation from public international law principles relating to the illegality of one sovereign state imposing on another obligations to undertake a huge and expensive administrative process, other problems soon become apparent. The problem began in 1985 when British citizens in particular were asked to renounce their British citizenship in terms of Zimbabwean law, did so and had their passports sent back to them by the British authorities.

Although the amendment was given some publicity in the urban areas of Zimbabwe, the vast majority of affected citizens in the outlying areas remained uninformed until the deadline of 6 January 2002 had passed and their Zimbabwean citizenship had been lost by operation of law. It is calculated that the majority of persons who were affected by the amendment are farm workers and rural dwellers who were born in the neighbouring countries or whose parents were born in the neighbouring countries. The affected persons who are outside Zimbabwe during the period of renunciation, for example university students and young Zimbabwean professionals in economic exile overseas and elsewhere in Africa also failed to meet the deadline through no fault of their own either because they remained uninformed about the process, or because they were unable to return to Zimbabwe to attend to the required administrative procedure within the stipulated time limit.

The summary of the litigation around disenfranchisement is obtainable from numerous public statements that ZLHR issued in 2002 in the run up to and just after the Presidential election in Zimbabwe in particular the one dated 13 March 2002. [email protected] [email protected]

A separate and parallel report exists in this regard with hard data and attempts to challenge such irregular disqualifications by way of urgent High Court chamber applications (which although successful also resulted in a further denial of the right to vote at the polling stations despite presentation of the High Court orders. Contact [email protected]

Todd vs Registrar General and Anor HH – 76 –2001 (Mungwira J

See Issue No 7 of the “Zimbabwe Human Rights Bulletin�?: Zimbabwe Lawyers for Human Rights (Harare:September 2002) @ page 140-141

Section 2(2)(a)

Section 2(2)(b)

Section 2(2)(c) (i) and (ii)

Section 2(3)

Section 2(3)(a)

Section 2(3)(b)

Suspicions were raised that this legislation would be utilised to disenfranchise this section of voters in the forthcoming presidential election. The analysis of litigation done above proved that such suspicion turned out to be true.

(a) no law shall make any provision that is discriminatory either of itself or in its effect; and

(b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

(2) For the purposes of subsection (1), a law shall be regarded as making a provision that is discriminatory and a person shall be regarded as having been treated in a discriminatory manner if, as a result of that law or treatment, persons of a particular description by race, tribe, place of origin, political opinions, colour, creed or gender are prejudiced—

(a) by being subjected to a condition, restriction or disability to which other persons of another such description are not made subject; or

(b) by the according to persons of another such description of a privilege or advantage which is not accorded to persons of the first-mentioned description;

and the imposition of that condition, restriction or disability or the according of that privilege or advantage is wholly or mainly attributable to the description by race, tribe, place of origin, political opinions, colour, creed or gender of the persons concerned.

(3) Nothing contained in any law shall be held to be in contravention of subsection (1)(a) to the extent that the law in question relates to any of the following matters—

(a) adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;

(b) the application of African customary law in any case involving Africans or an African and one or more persons who are not Africans where such persons have consented to the application of African customary law in that case;

(c) restrictions on entry into or employment in Zimbabwe or on the enjoyment of services provided out of public funds in the case of persons who are neither citizens of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe;

(d) qualifications, not being qualifications specifically relating to race, tribe, place of origin, political opinions, colour, creed or gender, for service as a public officer or as a member of a disciplined force or for service with any public authority or any body corporate established directly by or under an Act of Parliament for a public purpose;

(f) the according to tribespeople to the exclusion of other persons of rights or privileges relating to Communal Land.

(a) anything that is expressly or by necessary implication authorized to be done by any provision of a law that is referred to in subsection (3); or

(b) the exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court vested in any person by or under this Constitution or any other law.

(5) Nothing contained in or done under the authority of any law that discriminates between persons on the ground of their gender shall be held to be in contravention of subsection (1)(a) or (b) to the extent that the law in question—

(a) gives effect to section 7(2) or any other provision of this Constitution; or

(b) takes due account of physiological differences between persons of different gender; or

except in so far as that law or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Acts 23/1984, 7/1990 (s. 152(5)), 12/2001, 22/2001, 23/2001, 1/2002, 12/2003

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

PROHIBITION OF DUAL CITIZENSHIP AND RENUNCIATION, DEPRIVATION, LOSS AND RESTORATION OF CITIZENSHIP

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—

(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) 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—

(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

(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;

(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;

(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;

(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

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

(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;

(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

(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.

(3) For the purposes of this Act, any reference to citizenship of a foreign country shall include a reference to citizenship of one or more foreign countries.

(1) There shall be a Registrar-General of Citizenship, whose office shall be a public office and shall form part of the Public Service.

(2) The Registrar-General shall perform such functions as are conferred upon him in terms of this Act.

(1) Subject to this Part, the Minister may authorize the registration of a person as a citizen of Zimbabwe if that person—

(b) applies for the Minister’s authority in the prescribed form and manner; and

(i) he is of good character and a fit and proper person to be registered as a citizen of Zimbabwe; and

(ii) at the date of his application, he is ordinarily resident in Zimbabwe and has been so resident, whether continuously or as an aggregate of a number of periods, for at least five years:

Provided that, if the President considers that the special circumstances of any particular case so warrant, he may authorize the Minister to accept a shorter period of residence; and

(iii) he intends, after the grant of his application, to continue to reside in Zimbabwe, subject to the exigencies of his employment; and

(iv) he is willing to renounce any other citizenship he may hold if he becomes a citizen of Zimbabwe.

(2) No period during which a person who applies for the Minister’s authority in terms of subsection (1) was confined to or was an inmate of a prison, reformatory, mental hospital or other such institution in Zimbabwe or resided in Zimbabwe as a visitor shall be counted for the purposes of that subsection as a period of residence in Zimbabwe.

(3) Nothing in this section shall be construed as limiting in any way the entitlement of a person referred to in section 7 of the Constitution to be registered as a citizen of Zimbabwe.

If the responsible parent or guardian or other lawful representative of a person under legal disability who is not entitled in terms of subsection (3) of section 7 of the Constitution to be registered as a citizen of Zimbabwe—

(ii) has associations by way of descent, length of residence or otherwise with Zimbabwe which justify his registration as a citizen of Zimbabwe;

the Minister may authorize the registration of the person under legal disability as a citizen of Zimbabwe:

Provided that the Minister may, where he thinks fit, accept and grant an application made by someone who is not the responsible parent or guardian or other lawful representative of the person under legal disability to whom the application relates.

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

(1) Subject to subsection (2), the Minister shall not consider an application in terms of section four or five—

(a) if he has previously rejected a similar application made by or in respect of the same person; or

(b) if the person by or in respect of whom the application is made was formerly a citizen of Zimbabwe but renounced his citizenship or ceased to be a citizen in terms of section nine;

until the expiry of a period of two years beginning on the date of rejection of the previous application or the date on which that person ceased to be a citizen of Zimbabwe, as the case may be.

(2) If he considers that the special circumstances of the case warrant such action, the Minister may—

(a) consider any application referred to in subsection (1) before the expiration of the two-year period referred to in that subsection; or

(b) refuse to consider an application referred to in subsection (1) made by or in respect of a former citizen until the expiry of such further period as he considers appropriate after the expiry of the two-year period referred to in that subsection.

(1) The registration as a citizen of Zimbabwe of a person to whom subsection (1) of section four relates shall not be effected unless that person has taken the oath of loyalty.

(2) The Registrar-General shall notify a person who is required to take the oath of loyalty in terms of this section or in terms of subsection (5) of section 7 of the Constitution of the time within which and the person before whom he may take the oath of loyalty.

(3) A person who is required to take the oath of loyalty in terms of this section shall be registered and become a citizen of Zimbabwe by registration on the date he takes the oath of loyalty.

(4) A person whose registration as a citizen of Zimbabwe has been authorized in terms of section five shall become a citizen of Zimbabwe by registration on such date as the Minister may direct.

(5) A person whose foreign adoption has been recognized by the High Court in terms of Part VIIA of the Children’s Act [Chapter 5:06] shall become a citizen of Zimbabwe by registration in terms of subsection (4) of section 7 of the Constitution on the date his birth is registered in terms of section 75E of the Children’s Act [Chapter 5:06].

A person who becomes a citizen of Zimbabwe after taking the oath of loyalty in terms of section seven or subsection (5) of section 7 of the Constitution shall be issued with a certificate of registration as a citizen of Zimbabwe, which certificate shall be in the form prescribed.

PROHIBITION OF DUAL CITIZENSHIP AND RENUNCIATION, DEPRIVATION, LOSS AND RESTORATION OF CITIZENSHIP

(1) Subject to this section, no citizen of Zimbabwe who is of full age and sound mind shall be entitled to be a citizen of a foreign country.

(2) A citizen of Zimbabwe of full age who, by voluntary act other than marriage, acquires the citizenship of a foreign country shall immediately cease to be a citizen of Zimbabwe.

(3) A citizen of Zimbabwe who acquires by marriage the citizenship of a foreign country shall cease to be a citizen of Zimbabwe one year after the date of the marriage unless, before the expiry of that period, he has effectively renounced his foreign citizenship in accordance with the law of that foreign country and has made a declaration confirming such renunciation in the form and manner prescribed.

(4) A citizen of Zimbabwe of full age who, by some means other than by voluntary act or marriage, acquires the citizenship of a foreign country shall cease to be a citizen of Zimbabwe one year after the date of such acquisition unless, before the expiry of that period, he has effectively renounced his foreign citizenship in accordance with the law of that foreign country and has made a declaration confirming such renunciation in the form and manner prescribed.

(5) A citizen of Zimbabwe who, when he becomes of full age, is also a citizen of a foreign country shall cease to be a citizen of Zimbabwe one year after he attains his majority unless, before the expiry of that period, he has effectively renounced his foreign citizenship in accordance with the law of that foreign country and has made a declaration confirming such renunciation in the form and manner prescribed.

(6) A person of full age who becomes a citizen of Zimbabwe by registration while he is a citizen of a foreign country shall cease to be a citizen of Zimbabwe six months after such registration unless, before the expiry of that period, he has effectively renounced his foreign citizenship in accordance with the law of that foreign country and has made a declaration confirming such renunciation in the form and manner prescribed:

[amended by Act 12/2001 with effect from the 6th July, 2001 and by Act 23/2001 with effect from the 18th January, 2002.]

Provided that a person who, at any time between the 1st January, 1985, and the 31st December, 1985—

(b) was enrolled as a voter on any roll in terms of the Electoral Act, 1979 (No. 14 of 1979);

shall be deemed not to have lost his citizenship of Zimbabwe solely on account of his not having renounced his foreign citizenship in terms of this subsection.

(a) at the date of commencement of the Citizenship of Zimbabwe Amendment Act, 2001 , is also a citizen of a foreign country; or

(b) at any time before that date, had renounced or purported to renounce his citizenship of a foreign country and has, despite such renunciation, retained his citizenship of that country;

(8) Notwithstanding anything to the contrary in any other enactment, but subject to subsection (9), any person who was ordinarily resident in Zimbabwe immediately before the 1st December 1984, and who ceases to be a citizen of Zimbabwe in terms of subsection (3), (4), (5), (6) or (7) shall be entitled, on and after the date on which he ceased to be a citizen of Zimbabwe—

(b) to acquire, hold and dispose of movable and immovable property in Zimbabwe; and

(c) to be indentured as an apprentice or trainee and to enter, practise or engage in any profession, trade, calling or employment in Zimbabwe; and

(e) generally, to do all such things as may be done by persons who are ordinarily resident in Zimbabwe.

(9) The Minister may, by order, deprive a person of all or any of his rights under subsection (8) on the same grounds as he could deprive that person of his citizenship, if that person were a citizen of Zimbabwe by registration, and section eleven shall apply, mutatis mutandis, in respect of an order made in terms of this subsection.

(10) Notwithstanding any other provision of this section, where a person is of unsound mind for the whole or any part of any period during which he may elect to renounce his foreign citizenship in terms of subsection (3), (4), (5), (6) or (7), the period during which he may make the election shall be extended accordingly.

(11) Where he considers that it is necessary or desirable in the case of an individual to do so, and that it will not be contrary to the national interest, the President may, by order, grant such individual an exemption from all or any of the provisions of this section subject to such conditions as he may specify, and may revoke or amend any such exemption.

"SADC country" means a country which is a member of the Southern African Development Community established in terms of the Treaty signed at Windhoek in the Republic of Namibia on the 17th August, 1992.

"migrant worker" means any person who entered Zimbabwe from a SADC country or left Zimbabwe for a SADC country for the purposes of employment as a—

(2) A person may renounce his citizenship of a SADC country and confirm his citizenship of Zimbabwe in terms of subsection (3) instead of renouncing his citizenship of a SADC country in terms of subsection (3), (4), (5), (6) or (7) of section nine, if—

(i) one of his parents was born in a SADC country and entered Zimbabwe on or before the 18th of April, 1980, as a migrant worker, and from the date of such entry until the date of birth of the person referred to in this section such parent has continuously resided in Zimbabwe; and

(ii) he has continuously resided in Zimbabwe since the date of his birth except for any temporary absence in any of the circumstances specified in subsection (2) of section thirteen; and

(iii) he has not at any time after the date of his birth acquired any foreign citizenship or foreign passport, whether voluntarily or otherwise, or enjoyed the protection of any foreign country;

(i) one of his parents was born in Zimbabwe and left Zimbabwe on or before the 18th of April, 1980, for a SADC country as a migrant worker, and such parent was resident in that country at the date of birth of the person referred to in this section; and

(ii) he is permanently resident in Zimbabwe at the time of making an application in terms of subsection (3); and

(iii) he has not at any time after the date of his first entry into Zimbabwe acquired any other foreign citizenship or other foreign passport, whether voluntarily or otherwise, or enjoyed the protection of any foreign country.

(3) A person referred to in subsection (2) may at any time, apply to the Registrar, in the prescribed form and manner, for renunciation of his citizenship of a SADC country and confirmation of his status as a citizen of Zimbabwe and the Registrar shall, if he is satisfied that the applicant fulfils the conditions described in that subsection, issue a certificate confirming his status as a citizen of Zimbabwe.

(1) A citizen of Zimbabwe of full age and sound mind may, subject to subsection (4), make a declaration of renunciation of his citizenship of Zimbabwe.

(2) Subject to subsection (4), the responsible parent or guardian or other lawful representative of a person under legal disability may, if that person under legal disability is a citizen of Zimbabwe, with the consent of the Minister make on behalf of that person under legal disability a declaration of renunciation of his citizenship of Zimbabwe:

Provided that the Minister may, where he thinks fit, accept a declaration or renunciation in respect of a citizen under legal disability from a person other than the responsible parent or guardian or other lawful representative and, subject to subsection (4), cause such a renunciation to be registered.

(3) A declaration made in terms of subsection (1) or (2) shall not be of force or effect unless it is made and registered in the form and manner prescribed.

(4) No declaration made in terms of subsection (1) or (2) shall be registered without the authority of the Minister if the person concerned is a citizen or national of foreign country with which Zimbabwe is engaged in war, whether declared or not.

(5) Upon the registration of a declaration made in terms of this section, the person by whom or in respect of whom the declaration is made shall cease to be a citizen of Zimbabwe.

(1) Subject to this section, the Minister may, by order, deprive a citizen of Zimbabwe by registration of his citizenship of Zimbabwe if it is discovered that when—

(a) a certificate of naturalization or other document conferring naturalization was granted or deemed to have been granted to or in respect of the person in terms of a former citizenship law; or

(b) a certificate of citizenship was granted to or in respect of the person in terms of a former citizenship law or this Act; or

the person was not entitled to be naturalized or registered, as the case may be, as a citizen of Zimbabwe.

(2) Subject to this section, the Minister may, by order, deprive a citizen of Zimbabwe by registration of his citizenship if he is satisfied that—

(a) the naturalization or registration of the person as a citizen in terms of a former citizenship law or this Act was obtained by means of fraud, false representation or the concealment of a material fact; or

(b) the person has shown himself to be disloyal or disaffected towards Zimbabwe or has acted in a manner prejudicial or likely to be prejudicial to public safety or public order; or

(c) the person has, during any war in which Zimbabwe is or has been engaged, whether such war is or was declared or not, unlawfully traded or communicated with an enemy or been engaged in or assisted with any business which was to his knowledge carried on in such a manner as to assist an enemy in that war; or

(d) the person has, within five years after becoming a citizen in terms of a former citizenship law or this Act, been sentenced in any country to imprisonment for a period of twelve months or more; or

(e) the person has been convicted in Zimbabwe of an offence specified in the Schedule and sentenced to imprisonment for a period of twelve months or more without the option of a fine; or

( f ) the person was, immediately before he was registered as a citizen, a prohibited person in terms of any enactment relating to immigration in force in Zimbabwe:

Provided that a person who has been registered as a citizen in terms of section 13 of the Zimbabwe Constitution (Transitional, Supplementary and Consequential Provisions) Order 1980 shall not be deprived of his citizenship on the ground that before such registration he was a prohibited person; or

(g) the person was a citizen of a foreign country and has, in terms of the law in force in that foreign country, been deprived of that citizenship on grounds which the Minister considers are substantially similar to any of the grounds specified in subsection (1) or this subsection.

(3) The Minister shall not deprive a person of his citizenship by order made in terms of subsection (1) or (2)—

(b) unless he is satisfied that it is not conducive to the public good that the person should continue to be a citizen of Zimbabwe.

(4) Before making an order in terms of subsection (1) or (2), the Minister shall cause to be served on the person against whom the order is proposed to be made a notice in writing informing him of the grounds on which it is proposed to be made and of his right to have his case referred for inquiry in terms of subsection (5).

(5) If a person against whom an order in terms of subsection (1) or (2) is proposed to be made so requests within thirty days of a notice being served upon him in terms of subsection (4), the Minister shall refer the case within twenty-one days to a commissioner appointed for the purpose by the President.

(6) A person shall be qualified for appointment as a commissioner in terms of subsection (5) if he is or has been a judge of the Supreme Court or the High Court or is qualified in terms of section 82 of the Constitution for appointment as a judge of the Supreme Court or the High Court.

(a) subject to any regulations made in terms of section twenty-two, conduct due inquiry into the case; and

(b) report to the Minister as to the necessity or expedience of making an order in terms of subsection (1) or (2), as the case may be.

(8) The powers, rights and privileges of a commissioner appointed in terms of subsection (5) shall be the same as those conferred upon a commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to 13 and 15 to 18 of that Act shall apply, mutatis mutandis, in relation to an inquiry under this section and to a person summoned to give evidence or giving evidence at the inquiry.

(9) A report made by any police officer or immigration officer in connection with a person against whom an order is proposed to be made in terms of subsection (1) or (2) shall not be disclosed at an inquiry held in terms of this section to any person other than the commissioner if the Minister certifies that its disclosure to any person other than the commissioner would not be in the public interest.

(10) In deciding whether or not to deprive a person of his citizenship by order in terms of subsection (1) or (2), the Minister shall pay due regard to any report made by a commissioner in terms of subsection (7).

(11) A person who is deprived of his citizenship by order in terms of subsection (1) or (2) shall cease to be a citizen of Zimbabwe on a date to be specified by the Minister in the order.

(1) If a person is deprived of his citizenship of Zimbabwe by order in terms of section eleven, the Minister may, subject to subsections (2) and (3), by order deprive of his citizenship any child of whom the person is the responsible parent, if that child—

(2) Before making an order in terms of subsection (1), the Minister shall cause to be served on the responsible parent or guardian of the child against whom the order is proposed to be made a notice in writing informing him of the grounds on which it is proposed to be made and of his right to have his case referred for inquiry in terms of subsection (3).

(3) If the responsible parent or guardian of a child against whom an order in terms of subsection (1) is proposed to be made so requests within thirty days of a notice being served on him in terms of subsection (2), the Minister shall refer the case for inquiry and report to a commissioner appointed for the purpose by the President, and thereafter subsections (6), (7), (8), (9) and (10) of section eleven shall apply, mutatis mutandis.

(4) A child who is deprived of his citizenship by order in terms of subsection (1) shall cease to be citizen of Zimbabwe on a date to be specified by the Minister in the order.

(1) Subject to this section, a citizen of Zimbabwe by registration shall cease to be a citizen of Zimbabwe if, after he has become of full age and while he is of sound mind, he is or has been absent from Zimbabwe for a continuous period of five years or such longer period as the Minister at his request may fix before the expiry of the period.

(i) with an international organization of which Zimbabwe was at the time a member; or

C. a society, body of persons or company, the control and management of which are in Zimbabwe; or

(b) during which a person is absent from Zimbabwe on account of his ill-health or disability; or

(c) during which a person takes a course of instruction of not more than five years at an educational institution outside Zimbabwe;

(d) during which a person who is the spouse, responsible parent, guardian, other lawful representative or child of a person referred to in paragraph (a), (b) or (c) or of a citizen of Zimbabwe by birth or descent, is absent from Zimbabwe for the purpose of being with him;

shall be taken into account in determining the length of the person’s absence from Zimbabwe for the purpose of subsection (1).

(3) A request to extend the period during which a person may be absent from Zimbabwe without losing his domicile, made by a citizen of Zimbabwe in terms of any enactment relating to immigration in force in Zimbabwe, shall, if granted, be deemed for the purposes of this section to be a request granted by the Minister in terms of subsection (1).

(a) who has, before, on or after the 18th April, 1980, served in the armed forces of Zimbabwe in time of war with a foreign country and has been honourably discharged therefrom; or

(b) who has, before the 18th April, 1980, served in the armed forces of the United Kingdom or of a country which was a member of the British Commonwealth at the date of service in time of war and has been honourably discharged therefrom; or

(d) if he would, by reason of his ceasing to be a citizen of Zimbabwe, be rendered stateless.

(a) been deprived of his citizenship by order in terms of section eleven or twelve; or

may apply to the Minister in the prescribed form and manner for the restoration of his citizenship of Zimbabwe:

Provided that a person who was deprived of his citizenship in terms of section twelve shall apply in terms of this section within twelve months after the date on which he attains the age of eighteen years.

(2) The Minister may, subject to such conditions as he may fix in each case, restore citizenship of Zimbabwe to a person who has applied to him in terms of subsection (1):

(i) such person shall not become a citizen of Zimbabwe until he has taken the oath of loyalty before a person specified by the Minister;

(ii) the Minister shall not restore citizenship of Zimbabwe to any person who is also a citizen of a foreign country, except with the consent of the President.

(3) A person whose citizenship has been restored in terms of this section shall become a citizen of Zimbabwe by registration on the date he takes the oath of loyalty in terms of proviso (i) to subsection (2).

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.

The Minister shall not be required to give reasons for his refusal to grant or approve any application made in terms of this Act.

(1) Where, in the opinion of the President, a person has done signal honour or rendered distinguished service to Zimbabwe, the President may grant him honorary citizenship of Zimbabwe.

(2) A person to whom honorary citizenship is granted in terms of subsection (1) shall become an honorary citizen of Zimbabwe on such date as the President may fix.

(a) render the honorary citizen liable to military service or any other obligation of a citizen of Zimbabwe; or

(1) The Minister may, in such cases as he thinks fit, grant a certificate of citizenship to any citizen of Zimbabwe or to any person with respect to whose citizenship a doubt exists.

(2) A certificate granted to a person in terms of subsection (1) shall, unless it is proved that it was obtained by means of fraud, false representation or the concealment of a material fact, be conclusive proof that the person was a citizen of Zimbabwe on the date of the certificate, but without prejudice to any evidence that he was a citizen of Zimbabwe at an earlier date.

(1) Subject to section thirteen, the Minister may extend any period specified in this Act within which any act may be or is required to be done, whether before or after the period has expired.

(2) Where the Minister has extended a period in terms of subsection (1), any consequence which ensued or would have ensued, as the case may be, at the expiry of the unextended period shall be deemed not to have ensued or shall not ensue, as the case may be, until the expiry of the extended period.

(1) An authority, certificate, notice or document, other than an order made in terms of section eleven, which in terms of this Act may be granted, issued or given by the Minister shall be good and effectual if signed by the Registrar-General or by an officer of the Public Service authorized by the Registrar-General to sign such an authority, certificate, notice or document and, when so signed, shall for all purposes be prima facie proof that it was granted, issued or given in accordance with this Act.

(2) A document purporting to be an entry in a register made in terms of this Act or a former citizenship law shall—

(a) be received in evidence on its production by any person and be prima facie proof of the matter specified in the entry; and

(b) be deemed, unless the contrary is proved, to have been made by or on behalf of the person by whom or on whose behalf it purports to have been made.

(3) A document purporting to be a notice, certificate, order, authority, declaration or subscription of an oath of loyalty or allegiance given, granted, issued or made in terms of this Act or a former citizenship law shall—

(b) be deemed, unless the contrary is proved, to have been given, granted, issued or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted, issued or made.

(4) For the purposes of determining, in any proceedings before a court or otherwise, whether or not a person has ceased to he a citizen of Zimbabwe the fact that the person—

(a) possesses or has at any time possessed a valid passport or other travel document issued by the government of a foreign country; or

(b) exercises or has at any time exercised any right or privilege accorded exclusively to citizens of a foreign country; or

(c) without the written authority of the Minister, is serving in or has at any time served in the armed forces of a foreign country;

shall be prima facie proof that the person is or at that time was, as the case may be, a citizen of the foreign country.

(5) Notwithstanding anything contained in subsection (1) of section 25 of the Civil Evidence Act [Chapter 8:10], if in any proceedings referred to in subsection (4) the Registrar-General produces a document purporting to be a copy of any written law of a foreign country which shows that any person is, by virtue of that law, a citizen of that country, it shall be presumed, unless it is shown to the contrary, that that person is a citizen of that country.

(1) Any person who, for the purpose of procuring anything to be done or not to be done in terms of this Act, makes a statement which he knows to be false in a material particular or does not know or believe to be true shall, without prejudice to any other proceedings that may be taken against him, be guilty of an offence.

(2) Any person who is not a citizen of Zimbabwe and who, without the written permission of the Minister, makes use of a current Zimbabwean passport issued in his name shall be guilty of an offence:

Provided that it shall be a defence to a charge under this subsection for a person to prove that, when he made use of the passport concerned, he believed on reasonable grounds that he was a citizen of Zimbabwe.

(3) Any citizen of Zimbabwe who, without the written permission of the Minister, makes use of a current passport issued in his name by the government of a foreign country shall be guilty of an offence:

Provided that it shall be a defence to a charge under this subsection for a person to prove that, when he made use of the passport concerned, he was entitled in terms of section nine to be a citizen of the foreign country concerned.

(4) Any person who is guilty of an offence in terms of subsection (1), (2) or (3) shall be liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

are required or permitted to be prescribed or which, in his opinion, are necessary or convenient to be prescribed for carrying out or giving effect to this Act, Chapter II of the Constitution or section 13 of the said Order.

(a) the manner in which applications for registration as citizens of Zimbabwe shall be made;

(b) the manner and form in which persons with dual citizenship may be required to renounce their citizenship of a foreign country;

(d) the registration of anything required or authorized in terms of this Act to be registered;

(e) the administration and taking of the oath of loyalty and the time within which the oath of loyalty is to be taken;

( f ) the giving of a notice required or authorized to be served on a person in terms of this Act;

(g) the conduct of an inquiry by a commissioner appointed in terms of section eleven or twelve and the nature of evidence that may be led at such an inquiry;

(h) the remuneration and allowances that may be paid to a commissioner appointed in terms of section eleven or twelve;

(i) the surrender and cancellation of certificates of citizenship, passports or other documents relating to the citizenship of persons deprived of their citizenship or who renounce their citizenship or cease to be citizens in terms of this Act;

( j) the correction of any clerical errors or errors of fact or substance in any register, certificate of citizenship or other document;

(k) the circumstances in which and the conditions subject to which copies of certificates issued in terms of this Act may be obtained;

(i) applications made to the Minister or Registrar-General in terms of this Act; or

(ii) registration or the making of a declaration or the grant of a certificate or the taking of an oath of loyalty; or

(iii) the supply of a certificate or other copy of a declaration, certificate or oath made, granted or taken by or in terms of this Act or a former citizenship law;

(3) Regulations made in terms of subsection (1) may provide penalties for contraventions thereof not exceeding a fine of level five or imprisonment for a period of six months or both such fine and such imprisonment.

Where the holder of any office or post is required by any enactment to be a citizen of Zimbabwe, the person who held such office or post immediately before the 1st December, 1984, shall, notwithstanding the provisions of such enactment, continue to be qualified to hold it if the Minister responsible for the administration of the enactment concerned certifies in writing that he is a proper person to hold such office or post.

(a) any provision of the Public Order and Security Act [Chapter 11:17], or the Law and Order (Maintenance) Act [Chapter 11:07] before its repeal by the Public Order and Security Act [Chapter 11:17];

(b) section 2 of the Preservation of Constitutional Government Act [Chapter 11:11];

6. Any attempt, conspiracy or incitement to commit, or being an accessory after the fact to the commission of, an offence specified in this Schedule.