Judgment No. CCZ 4/15 3
Civil Appeal No. CCZ 27/13
as long as he remained a South African citizen, he would not be eligible for a
Zimbabwean national identity document.
(5)
It is not in dispute that prior to the enactment of the new constitution, the law
prohibited dual citizenship. In terms of the law then in operation, the applicant was
required to renounce his South African citizenship before he could be eligible for
Zimbabwean citizenship. Only then would he have been eligible for a Zimbabwean
national identity card.
(6)
On 22 May 2013, the Constitution of Zimbabwe Amendment (No. 20) Act, 2013,
(“the Constitution”) was gazetted and became operational.
Section 36 of the
Constitution provides, in relevant part:
“36
CITIZENSHIP BY BIRTH
(1)
Persons are Zimbabwean citizens by birth if they were born in
Zimbabwe and, when they were born –
(7)
(a)
Either their mother or their father was a Zimbabwean
citizen; or
(b)
… (not relevant) …”
The dispute in the present matter revolves around the interpretation to be accorded to
the above provision and whether in terms of the Constitution it is now permissible for
a person in the position of the applicant to enjoy both Zimbabwean and South African
citizenship. Put differently, the question is whether the applicant is required to do
anything more in order to qualify as a citizen.
THE APPLICANT’S SUBMISSIONS