Judgment No. CCZ 4/15 12
Civil Appeal No. CCZ 27/13
32.1
First, s 42 makes it possible for Parliament to enact legislation to deal with the
various aspects of citizenship itemised in that section.
32.2
Second, such legislation must be consistent with Chapter 3 of the Constitution.
In other words such legislation may not allow for the derogation of any rights
conferred in terms of Chapter 3.
32.3
Third, the section makes it clear that such legislation may deal with the
prohibition of dual citizenship in respect of citizenship by descent or
registration only. It does not provide for the prohibition of dual citizenship in
respect of persons who are citizens by birth.
32.4
Fourth, the section provides for the enactment of legislation dealing with the
restoration of Zimbabwean citizenship. It is implicit that the Constitution
envisages a situation where citizenship is lost but an application is then made
for the restoration of such citizenship.
32.5
Fifth, it is clear that citizenship can be lost in a number of situations. It may
be revoked in terms of s 39 of the Constitution. It may also be the result of
voluntary renunciation as provided for in 42(b) or the prohibition of dual
citizenship in terms of s 43 (e) of the Construction.
(33)
In all these situations, any affected person may apply for the restoration of
Zimbabwean citizenship. An Act of Parliament will provide details on how such
citizenship can be restored.