Judgment No. CCZ 4/15 5 Civil Appeal No. CCZ 27/13 THE FIRST RESPONDENT’S SUBMISSIONS (11) The first respondent, the Registrar-General, does not agree. His argument is as follows:11.1 In terms of s 43(1) of the Constitution, the applicant was not a Zimbabwean citizen before 22 May 2013 when the new Constitution came into operation. He was a South African citizen. He could not therefore have metamophorsized into a citizen by birth immediately after that date solely because of the provisions of s 36(1). 11.2 Having previously lost his citizenship, he needs to perform a formal act to have the citizenship restored to him. Such restoration can only be in terms of an Act of Parliament still to be passed in terms of s 42, which Act would prescribe the procedure to be followed by persons wishing to have their citizenship restored in terms of s 42(d) of the Constitution. THE RELEVANT CONSTITUTIONAL PROVISIONS (12) Sections 35 to 43 of the Constitution deal with the question of citizenship. Amongst other things, citizens are entitled to passports and travel documents as well as birth certificates and other identity documents issued by the State. Section 35 makes it clear that citizenship is by birth, descent or registration. (13) As already noted s 36 states that a person is a citizen by birth, inter alia, if such person was born in Zimbabwe to either a mother or father who was a Zimbabwean citizen.