Citizenship By Birth in Zimbabwe

Every State must specify who its citizens are and the extent of their rights and duties in relation to the government. In Zimbabwe, the supreme law of the land, the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (‘the Constitution) provides for citizenship. The Citizenship of Zimbabwe Act [Chapter 4:01] also provides for citizenship.

Section 36 of the Constitution provides for citizenship by birth. It states that:

“(1) Persons are Zimbabwean citizens by birth if they were born in Zimbabwe and, when they were born—

• (a) either their mother or their father was a Zimbabwean citizen; or
• (b) any of their grandparents was a Zimbabwean citizen by birth or descent.

(2) Persons born outside Zimbabwe are Zimbabwean citizens by birth if, when they were born, either of their parents was a Zimbabwean citizen and—

• (a) ordinarily resident in Zimbabwe; or
• (b) working outside Zimbabwe for the State or an international organisation

(3) A child found in Zimbabwe who is, or appears to be, less than fifteen years of age, and whose nationality and parents are not known, is presumed to be a Zimbabwean citizen by birth”

The Citizenship of Zimbabwe Act [Chapter 4:01] also provides for citizenship by birth. In line with this section a person cannot be regarded as a citizen by birth if at the time of birth his father is an enemy alien.

Section 35 of the Constitution provides for some citizenship rights. These include the right to passports and other travelling documents. It is important to ensure that children born in this country are not stateless.

Zimbabwe is a party to the International Covenant on Civil and Political Rights (‘ICCPR’), which states in Article 24.3 that every child has a right to nationality. Moreover, the African Charter on the Rights and Welfare of the Child (‘African Children’s Charter) requires member states to ensure that their constitutional legislation provide for children to be accorded the nationality of the States in whose territory they are born if they have no other nationality (see Article 6.4 of the African Children’s Charter).

In this case the issue of citizenship by birth was discussed as the Applicants applied for orders confirming that they are citizens of Zimbabwe by birth with rights, privileges and benefits of citizenship; that for the avoidance of doubt, they are each entitled to Zimbabwean residence, national identity card and a passport and a passport and that they shall not be required to renounce their South African citizenship before enjoying the said rights and privileges.

The 1 st Applicant was said to be a citizen by birth since her mother was a citizen of Zimbabwe by birth and she considered Zimbabwe as her permanent home despite her wanderings to South Africa. After completing her course, she returned to her farm in Zimbabwe. The 2 nd Applicant’s’ situation is clearer. Having been born in Zimbabwe to a Zimbabwean mother, she is a citizen by operation of section 36(1) of the Constitution. Identifying her as an alien has deprived her of unqualified full benefits of citizenship. Hence citizenship was granted to the Applicants in this case.