. 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

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