Judgment No. CCZ 4/15 4 Civil Appeal No. CCZ 27/13 (8) It is the applicant’s submission that citizenship by birth may only be revoked in two situations. The first is where citizenship is acquired by fraud, false representation or concealment of a material fact by any person. See s 39(2)(a). The second is where the nationality or parentage of a child found in Zimbabwe, who is or appears to be less than fifteen years of age and whose nationality and parents are unknown and is presumed to be a Zimbabwean citizen by birth, becomes known. (9) The applicant further submits that although s 42 of the Constitution empowers Parliament to pass an enactment prohibiting dual citizenship, such prohibition is in respect of citizens by descent or registration. Such enactment must in any event be consistent with the provisions of Chapter 3 of the Constitution. Therefore the prohibition of dual citizenship for citizens by birth, whose parents were born in Zimbabwe, as provided for in s 9 of the Citizenship of Zimbabwe, Act Chapter 4:01 would be inconsistent with Chapter 3 and consequently null and void. Had the intention been to prohibit dual citizenship in respect of citizens by birth, the Constitution would have expressly made provision for the potentiality of such prohibition in s 42(e). (10) The applicant further submits that contrary to submissions by the first respondent, there is no residency requirement in terms of the law for citizens by birth whose parents were born in Zimbabwe. Section 43(2) of the Constitution in particular applies to a person born in Zimbabwe, was ordinarily resident in Zimbabwe on the publication day and at least one of his or her parents was a citizen of a SADC member State.