The Law of Citizenship in Zimbabwe

FUNGAI CHIMWAMUROMBE & AMINA MASEKO

Introduction

Globalisation has meant increased mobility of the human race and one may find themselves resident in many different countries within a short space of time.

Questions like citizenship and rights that one is afforded arise. This article discusses how one may be recognised as a citizen particularly in Zimbabwe.

What is citizenship?

Citizenship refers to the relationship between an individual and the state to which the individual owes allegiance and in turn is entitled to its protection.

A person has certain rights bestowed upon them by virtue of being a citizen of a certain country.

These include the right to live in a country, the right to vote, to have their rights realised and protected by the State.

How one becomes a citizen of Zimbabwe

Citizenship is provided for under Chapter 3 of the Zimbabwean Constitution.

Citizenship can be by birth, by descent or by registration.

If a person was born in Zimbabwe and when they were born, either of their biological parents was a Zimbabwean citizen or any of their grandparents was a Zimbabwean by birth or by descent they are a Zimbabwean citizen by Birth.

Section 36(3) of the Zimbabwean Constitution provides that a child found in Zimbabwe who is or appears to be or is less than fifteen years of age and whose nationality and parents are not known is presumed to be a Zimbabwean citizen by birth.

Consequently, people are Zimbabwean citizens by descent if they were born outside of Zimbabwe but either one of their parents or grandparents was a Zimbabwean by birth, descent or registration.

One can also gain citizenship by Registration.

This can take on various forms.

A child who is adopted by a Zimbabwean citizen is entitled to a proper application to be registered as a Zimbabwean Citizen.

Similarly, any person who has been married to a Zimbabwean citizen for at least five years and satisfies the conditions provided for under an Act of Parliament is also entitled to be registered as a Zimbabwean citizen. Citizenship gained by virtue of a marriage is sustained even after dissolution of that marriage.

Lastly, if one has been continuously and lawfully resident in Zimbabwe for at least ten years and satisfies the conditions provided for at law, they shall be entitled to registration as a Zimbabwean citizen. This is also in terms of Chapter 3 of the Constitution.

In conclusion, these are the three ways in which one can have valid citizenship in Zimbabwe and people should be guided accordingly

Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Chimwamurombe Legal Practice and can be contacted for feedback at fungai@zenaslegalpractice.com and WhatsApp 0772 997 889. Amina is a legal intern. Her phone number is +263 78 265 9430 email addres is mitchelleamina6@gmail.com