Judgment No CCZ 5/14 6
Const. Application No CCZ 114/13
conferred on persons, derogations therefrom, as far as the language permits, should be
narrowly or strictly construed.”
CONCLUSION
The second respondent concedes that the applicant is entitled to dual
citizenship by virtue of the Constitution but insists that he be treated as an alien if he enters
Zimbabwe using a South African passport. This, it was submitted, is because the second
respondent is governed by the Regulations. It must be emphatically stated here that the
Regulations are governed by the Constitution and not the Constitution by the Regulations.
Any law which is inconsistent with the Constitution is void to the extent of the
inconsistency1. To say that the applicant, as a citizen by birth, is entitled to dual citizenship
conferred by the Constitution and then to deny him the right to freely enter and leave
Zimbabwe, which right is afforded to all citizens in terms of s 66, on the grounds that he has
presented a foreign passport, is to deprive him of the benefits of the enjoyment of two
fundamental rights conferred on him by the Constitution of Zimbabwe, namely the right to
dual citizenship inherent in his birthright as a Zimbabwe citizen by birth and the right to
freedom of movement.
A purposive interpretation of the right conferred in s 66 read with the
applicant’s entitlement to dual citizenship is that the applicant’s right to enter, remain and
leave Zimbabwe cannot be restricted even when he presents or travels upon a foreign
passport. It is for the Regulations to be brought into conformity with the Constitution and not
for the Constitution to conform to the Regulations.
It is also for the framers of the
Regulations to decide how best to align the Regulations with the Constitution in order to give
effect to the Constitutional rights of Zimbabwean citizens.
1
Constitution of Zimbabwe s2