Dual Citizenship in Zimbabwe

In Zimbabwe dual citizenship is prohibited to some extent although under our new constitution, a citizen by birth (or descent) should never lose his or her citizenship, except possibly if he or she formally renounces it and only then if he or she is not left stateless.

Also, a person who becomes a citizen by registration should not have to renounce any previous citizenship held. Section 9 of the Citizenship of Zimbabwe Act [Chapter 4:01] prohibits dual citizenship unless the party renounce foreign citizenship.

The freedom of movement and residence in Zimbabwe is a right guaranteed by the Constitution to every Zimbabwean citizen and every person who is legally in Zimbabwe. It includes the right to enter and leave Zimbabwe as well as immunity from expulsion from Zimbabwe. A purposive interpretation of the right conferred in section 66 of the Constitution gives entitlement to dual citizenship is the right to enter, remain and leave Zimbabwe cannot be restricted even when one presents or travels upon a foreign passport. This was mentioned in Madzimbamuto v The Registrar General & Others 2014 (1) ZLR 801 (C).

The legal position that the right to citizenship by birth is sacrosanct and cannot be taken away was settled by the Supreme Court in the constitutional matter of Mawere v Registrar- General & Others 2013 (1) ZLR 578 (C).

In that case, Mr Mutumwa Dziva Mawere was born in Zimbabwe in 1960 and both of his parents were also born in Zimbabwe. In 2002 he acquired citizenship of South Africa by registration. In order to register as a voter in national elections that were scheduled to take place in 2013, he approached the offices of the 1 st Respondent in order to procure a duplicate National Identity Document (ID), having lost the original. He was advised that for as long as he remained a South African citizen, he would not be eligible for a Zimbabwean national identity document. He accordingly sought a declaratur that, being a citizen by birth, he was entitled to dual citizenship and that the law did not require of him to renounce his foreign citizenship before he could be issued with a Zimbabwean national identity document. This declaration was granted.

In this case, the Applicant is a Zimbabwean citizen who also holds a Canadian passport and is a Canadian citizen. She therefore enjoys dual citizenship. This clearly shows that citizens by birth have rights to dual citizenship.

In this case, it was mentioned that if one is a citizen by birth of a foreign country, she cannot obtain dual citizenship in Zimbabwe.