Judgment No. CCZ 4/15 10
Civil Appeal No. CCZ 27/13
(25)
Section 38 provides for citizenship by registration to persons married to a
Zimbabwean citizen or who have been continuously and lawfully resident in
Zimbabwe for at least ten years and in both cases satisfy other conditions prescribed
by an Act of Parliament. Also included in this category are children, who are not
ordinarily citizens, but are adopted by a Zimbabwean citizen.
This class of citizenship becomes relevant in cases where citizenship is sought
to be revoked by the State.
(26)
Section 39 deals with the circumstances in which citizenship may be revoked. Such
revocation is limited to citizenship by registration and citizenship by birth in cases
where such citizenship was acquired by false representation or where it is established
that, a child below fifteen years of age, who is presumed in terms of s 36(3) of the
Constitution to be a citizen by birth, is a citizen of another country.
(27)
What is significant about s 39 is that it does not provide for the revocation of the
citizenship of a person who is born in Zimbabwe to a Zimbabwean parent as provided
in s 36 (1) of the Constitution.
Read against s 39, the necessary corollary is that citizenship acquired in terms
of s 36(1) cannot be revoked by the State under any circumstances.
(28)
One must however go further and consider the provisions of s 42 and 43 of the
Constitution. It is, I think, convenient to consider s 43 (1) first.