(c) the fact that a person who was domiciled in Zimbabwe has made any statement, whether for the purposes of this Act or any other enactment or otherwise,
to the effect that he is no longer a resident or no longer regards himself as a
resident of Zimbabwe shall be prima facie evidence that he has lost his domicile in Zimbabwe.
(5) Any period during which a person—
(a) resides outside Zimbabwe by reason of his service—
(i) with the State; or
(ii) with an international organization of which Zimbabwe is a member; or
(iii) in the employment of—
A. a person resident in Zimbabwe; or
B. a society, body of persons or company, the central control and management of which are in Zimbabwe; or
C. a body incorporated directly by a law in force in Zimbabwe;
or
(b) resides outside Zimbabwe on account of ill health or disability; or
(c) resides outside Zimbabwe to attend any educational institution; or
(d) resides outside Zimbabwe, having left Zimbabwe for a reason described in
paragraph (a), (b) or (c) of subsection (1) of section 3 of the Refugees Act
[Chapter 4:03]; or
(e) who is the wife of a person referred to in paragraph (a), (b), (c) or (d), is
absent from Zimbabwe for the purpose of being with him;
shall not be taken into account for the purpose of determining the length of that person’s
absence from Zimbabwe or that of a child under the age of eighteen years of that person
who accompanies that person, nor shall such residence be regarded as evidence of an
intention of making a home outside Zimbabwe.
(6) A request made in terms of subsection (1) of section 13 of the Citizenship of
Zimbabwe Act [Chapter 4:01] shall, for the purposes of this Act, be treated as a request
made to the Minister in terms of subparagraph (ii) of paragraph (a) of subsection (4).
3A Marriages of convenience
(1) Notwithstanding any other provision of this Act, if an immigration officer is satisfied that two persons, either or both of whom are not lawfully ordinarily resident in
Zimbabwe—
(a) have married each other primarily for the purpose of obtaining a right of entry
into Zimbabwe for either or both of them; or
(b) have married each other without any intention of living together as a married
couple in Zimbabwe;
those persons shall be deemed, for the purposes of this Act, not to be married to each
other.
(2) For the purpose of subsection (1), if two married persons have not lived together
since their marriage ceremony was performed it shall be presumed, unless the contrary is
shown, that they married each other without any intention of living together as a married
couple.
[Section inserted by s. 3 of Act 8/2000.]
4
Application of Act despite entry into Zimbabwe
No person shall be exempted from the provisions of this Act or allowed to remain in
Zimbabwe by virtue only of the fact that—
(a) he had not been informed that he could not enter or remain in Zimbabwe; or