Judgment No CCZ 5/14 4 Const. Application No CCZ 114/13 42 Powers of Parliament in regard to citizenship An Act of Parliament may make provision, consistent with this Chapter, for— (a) procedures by which Zimbabwean citizenship by registration may be acquired; (b) the voluntary renunciation of Zimbabwean citizenship; (c) procedures for the revocation of Zimbabwean 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 this Chapter. The powers given to Parliament in respect of revocation of Zimbabwean citizenship and the prohibition of dual citizenship relate only to citizens of Zimbabwe other than by birth. No similar provision is made in respect of citizens by birth. Thus a Zimbabwean citizen by birth does not lose his or her citizenship on acquiring a foreign citizenship. He or she is entitled to hold foreign citizenship and a foreign passport. Indeed the Constitution has made it clear that Zimbabwean citizenship by birth cannot be lost. That much was decided in Mawere v Registrar General CCZ 30/13 (not yet reported) and conceded by the respondents in this case. The only issue which falls for determination is whether this Court should order the endorsement sought by the applicant. THE RIGHT TO FREEDOM OF MOVEMENT The freedom of movement and residence in Zimbabwe is a right guaranteed by the Constitution to every Zimbabwean citizen and every person who is legally in Zimbabwe. It includes the right to enter and leave Zimbabwe as well as immunity from expulsion from Zimbabwe. Section 66 of the Constitution provides: “66 Freedom of movement and residence (1) Every Zimbabwean citizen has— (a) the right to enter Zimbabwe; (b) immunity from expulsion from Zimbabwe; and (c) the right to a passport or other travel document. (2) Every Zimbabwean citizen and everyone else who is legally in Zimbabwe has the right to—