Judgment No. CCZ 4/15 11
Civil Appeal No. CCZ 27/13
(29)
Section 43(1) is a neutral provision which simply restates that any person who, before
22 May 2013, was a Zimbabwean citizen, continues to be a Zimbabwean citizen after
that date.
(30)
Of significance is the fact that the citizenship referred to in that section is not confined
to citizenship by birth only. Citizenship by descent and registration is also included.
This is a savings provision, intended to put beyond dispute that any person who
enjoyed any type of citizenship before 22 May 2013 would continue to be a citizen
after that date and would consequently enjoy all the benefits of citizenship bestowed
on a citizen in terms of s 35 of the Constitution.
(31)
Section 42 provides for the passing of an Act of Parliament to deal with the
following:(a)
the procedures to be followed in acquiring citizenship by registration;
(b)
the voluntary renunciation of Zimbabwean citizenship;
(c)
the procedures to be followed in the revocation of citizenship by
registration;
(d)
the restoration of Zimbabwean citizenship;
(e)
the prohibition of dual citizenship in respect of citizens by descent or
registration; and
(f)
generally giving effect to the provisions of Chapter 3 of the
Constitution.
(32)
A number of observations must be made from the above provisions.