Judgment No. CCZ 4/15 9
Civil Appeal No. CCZ 27/13
as occurring in a single complex instrument, in which one part may
throw light on another …. The true test must as always, be the actual
language used.”
WHETHER APPLICANT NEEDS TO RENOUNCE HIS FOREIGN CITIZENSHIP FIRST
(21)
The first respondent’s argument is that since the applicant had already lost his
citizenship prior to the enactment of the Constitution, he needs to go through other
procedures to be provided for in an Act of Parliament still to be passed in order to
have his citizenship restored and that only then would he be entitled to citizenship in
terms of the current Constitution, together with the benefits that citizens enjoy.
(22)
Bearing in mind that the provisions in Chapter 3 of the Constitution must be read
together, one must, I think, start by looking at the language used in s 36 of the
Constitution. As already noted, the section provides, in simple and clear language
that a person
“is a Zimbabwean citizen by birth if he or she was born in Zimbabwe and
when born either his or her mother or father was a Zimbabwean citizen.”
(23)
Section 36 is not made subject to any other section in the Constitution. It stands
alone. The ordinary grammatical meaning of the section is clear and allows of no
ambiguity. A person born in Zimbabwe to a parent who, at the time of birth, was a
Zimbabwean citizen, is a Zimbabwean citizen. That section does not oblige a person
in this category to do anything further to qualify for Zimbabwean citizenship.
(24)
Section 36(1) however needs to be considered in the context of the other provisions of
Chapter 3 of the Constitution.