PIRORO v REGISTRAR-GENERAL OF CITIZENSHIP & ORS 2011 (2) ZLR 26 (H)

Flynote

Constitutional law — citizenship — by birth — person who qualifies as a citizen of Zimbabwe by birth cannot be deprived of citizenship by default or in any other manner

Constitutional law — citizenship — Citizenship of Zimbabwe Act [Chapter 4:01] — s 9(7) — provision ultra vires s 9 of Constitution Zimbabwe, 1980 — citizenship by birth — Parliament not empowered to pass laws providing for the deprivation of citizenship in the case of citizenship by birth — Universal Declaration of Human Rights — art 15 — s 9(7) of Citizenship of Zimbabwe Act in breach thereof

Headnote

Historically, up to the time of Independence, the main criterion for citizenship was the place of birth of the person concerned. However, in 1972, the origin and citizenship of the person's parents at the time of that person's birth became more relevant. With the advent of Independence the main laws relating to citizenship of Zimbabwe were published as a Schedule F to the Zimbabwe Constitution Order 1979 (SI 1979/1600 of the United Kingdom). Chapter II of the Constitution deals with citizenship. Section 5(1) of the Constitution, as originally promulgated in 1979, provided for citizenship by birth in respect of persons born in this country on or after 18 April 1980 in the same manner as that provided in s 5 of the Citizenship of Rhodesia Act [Chapter 23 of 1974]. This meant that the place of birth of the person concerned was still the main criterion. However, in 1996, the 14th Amendment to the Constitution made the citizenship of the person's parents as important as the place of birth of the person concerned. For a person to be a citizen by birth of Zimbabwe, he or she had to be born in Zimbabwe and his or her mother or father had to be a citizen of Zimbabwe at the time of his or her birth. The most