Citizenship of Zimbabwe Advisory Note No. 2

Citizenship of Zimbabwe Advisory Note No. 2

Citizenship of Zimbabwe

The word ‘citizen’ appears 86 times in the Constitution of Zimbabwe;

Here is a list of some of the things that only a citizen of Zimbabwe can do; In other words here is the run down on why citizenship of Zimbabwe is such a big deal:

  1. Only a citizen of Zimbabwe is entitled to the protection of the State wherever they may be [Section 35 (3) (a) of the Constitution of Zimbabwe, 2013]; Our thoughts are with our brothers and sisters enduring xenophobia in South Africa and we call upon our government to recall its duty to protect its citizens wherever they may be;
  2. Only a citizen of Zimbabwe is entitled to a Zimbabwean passport and other travel documents [Sections 35 (3) (b) and 66 (1) (c)];
  3. Only a citizen of Zimbabwe is entitled to birth certificates and other identity documents, describing him or her as a citizen, issued by the State [Section 35 (3) (c)];
  4. Only a citizen of Zimbabwe by birth may hold dual citizenship [Sections 36 (1) to (3) and 43 (1) and (2)];
  5. A Zimbabwean citizen has the right of access to any information held by the State or by any institution or agency of government at every level, in so far as the information is required in the interests of public accountability [Sections 62 (1)];
  6. A Zimbabwean citizen has the right to enter Zimbabwe [Section 66 (1) (a)]; 
  7. A Zimbabwean citizen has immunity from expulsion from Zimbabwe [Section 66 (1) (b)]; 
  8. Every Zimbabwean citizen and everyone else who is legally in Zimbabwe has the right to move freely within Zimbabwe [Section 66 (2) (a)]; 
  9. Every Zimbabwean citizen and everyone else who is legally in Zimbabwe has the right to reside in any part of Zimbabwe [Section 66 (2) (b)]; 
  10. Every Zimbabwean citizen and everyone else who is legally in Zimbabwe has the right to leave Zimbabwe [Section 66 (3) (c)];
  11. Every Zimbabwean citizen has the right to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law [Section 67 (1) (a)];
  12. Every Zimbabwean citizen has the right to make political choices freely [Section 67 (1) (b)];
  13. Every Zimbabwean citizen has the right to form, to join and to participate in the activities of a political party or organisation of their choice [Section 67 (2) (a)];
  14.  Every Zimbabwean citizen has the right to campaign freely and peacefully for a political party or cause [Section 67 (2) (b)];
  15. Every Zimbabwean citizen has the right to participate in peaceful political activity [Section 67 (2) (c)];
  16.  Every Zimbabwean citizen has the right to participate, individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause [Section 67 (2) (d)];
  17. Every Zimbabwean citizen who is of or over eighteen years of age has the right to vote in all elections and referendums to which this Constitution or any other law applies, and to do so in secret; [Section 67 (3) (a)];
  18. Every Zimbabwean citizen who is of or over eighteen years of age has the right to stand for election for public office and, if elected, to hold such office [Section 67 (3) (b)];
  19. Every Zimbabwean citizen has a right to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of agricultural land regardless of his or her race or colour [Section 289 (b)];
  20. Every citizen and permanent resident of Zimbabwe has a right to a basic State-funded education, including adult basic education [Section 75 (1) (a)]; 
  21. Every citizen and permanent resident of Zimbabwe has a right to further education, which the State, through reasonable legislative and other measures, must make progressively available and accessible [Section 75 (1) (b)];
  22. Every citizen and permanent resident of Zimbabwe has the right to have access to basic health-care services, including reproductive health-care services [Section 76 (1) (b)];
  23. Every child, that is to say every boy and girl under the age of eighteen years, has the right in the case of a child who is born outside Zimbabwe and is a Zimbabwean citizen by descent; to the prompt provision of a birth certificate [Section 81 (1) (c) (ii)];
  24. Only a citizen of Zimbabwe by birth or descent qualifies for the office of President or Vice President of Zimbabwe [Section 91 (1) (a)]
  25. Only Citizens and permanent residents have the right to  petition Parliament to consider any matter within its authority, including the enactment, amendment or repeal of legislation [Section 149 (1)];
  26. Only a citizen of Zimbabwe can be appointed as a Judge of the Constitutional Court of Zimbabwe [Section 177 (1)];
  27. Only a citizen of Zimbabwe can be appointed as a Judge of the Supreme Court of Zimbabwe [Section 178 (1)];
  28. All members of the Zimbabwe Electoral Commission must be Zimbabwean citizens [Section 238 (4)];

Dated at Harare on this 9th April 2019.

Inserted as a public service to the citizens of Zimbabwe at home and abroad.

TAFADZWA RALPH MUGABE|LEGAL COUNSEL

www.trm.co.zw

trmugabe@trm.co.zw

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