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CITIZENSHIP OF ZIMBABWE ACT
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.
(7) A commissioner appointed in terms of subsection (5)
shall—
(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.
12 Children of persons deprived of citizenship
(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—
(a) is not of full age; and
(b) is a citizen of Zimbabwe by registration.
(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.
[Chapter 4:01]
(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.
13 Loss of citizenship through absence from
Zimbabwe4
(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.
(2) No period—
(a) during which a person was absent from Zimbabwe by
reason of his service—
(i) with an international organization of which
Zimbabwe was at the time a member; or
(ii) in the full-time employment of—
A. the State; or
B. a person resident in Zimbabwe; or
C. a society, body of persons or company, the
control and management of which are in
Zimbabwe; or
D. a body incorporated directly by a law in
force 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; or
(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).
(4) Subsection (1) shall not apply to a citizen of Zimbabwe—
(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
(c) who is the spouse of a citizen of Zimbabwe referred to
in paragraph (a) or (b); or
(d) if he would, by reason of his ceasing to be a citizen of
Zimbabwe, be rendered stateless.
14 Restoration of citizenship
(1) A person who has—
4
Section amended by s. 4 of Act 12/2001 ("five years"
substituted for "seven years" throughout).
Reissue July 2001