Judgment No CCZ 5/14 3
Const. Application No CCZ 114/13
THE SECOND RESPONDENT’S OPPOSITION
The second respondent opposed the application on the basis that its officials
were within their rights to refuse the endorsement sought. He took the position that:
“To the extent that Applicant holds a South African passport, he is an alien and we are
entitled to govern his status in terms of the Immigration Regulations 1998.
Applicant’s current status is as provided for in section 16 of the Regulations. In terms
of section 17 of the Immigration Regulations, on the face of it, Applicant does not
qualify for an unrestricted residence permit given the circumstances he has
presented…”
It was submitted by Mr Pedzisai, on behalf of the second respondent, that the
latter was acting in terms of the Immigration Regulations 1998, which regulations govern the
actions of immigration officers. Upon presentation of a South African passport, the presenter
is regarded as an alien and is expected to comply with the Regulations.
While
acknowledging the entitlement of the applicant to dual citizenship and therefore to
unrestricted entry into and exit from Zimbabwe, the second respondent was of the firm view
that if the applicant chooses to travel on a South African passport then he should apply for a
residence permit like all other alien holders of foreign passports.
THE CONSTITUTIONAL PROVISIONS
36 Citizenship by birth
(1) Persons are Zimbabwean citizens by birth if they were born in Zimbabwe and,
when they were born—
(a) either their mother or their father was a Zimbabwean citizen; or
(b) any of their grandparents was a Zimbabwean citizen by birth or descent.
(2) Persons born outside Zimbabwe are Zimbabwean citizens by birth if, when they
were born, either of their parents was a Zimbabwean citizen and—
(a) ordinarily resident in Zimbabwe; or
(b) working outside Zimbabwe for the State or an international organisation.
(3) A child found in Zimbabwe who is, or appears to be, less than fifteen years of age,
and whose nationality and parents are not known, is presumed to be a
Zimbabwean citizen by birth.