Update on Citizenship, Renunciation and Passport Issues
Zimbabwe Lawyers for Human Rights (ZLHR)
August 05, 2002
Despite the lapse of the Registrar-General’s appeal of the judgment in Tsvangirai v The Registrar General and Ors HH-29-2002 and the consequent extension of the period for renunciation of foreign citizenship in terms of the amended Citizenship Act to 6 August 2002, we continue to receive information from individuals around the country who indicate that the Passport Offices and the various foreign embassies are refusing to accept and/or process their renunciation documentation.
The various Passport Offices are also maintaining the incorrect stance that people who have failed to renounce their entitlement to foreign citizenship have ceased to be Zimbabwean citizens from 7 January 2002 and have to pay $25,000.00, re-apply to have their Zimbabwean citizenship restored and wait a period of up to 18 months before receiving their new Zimbabwean passports.
In light of the impasse, several representatives of Zimbabwe Lawyers for Human Rights (ZLHR) sought and were granted audience on 26 July 2002 with the Registrar-General, Mr Mudede, and Mrs Herer and Mrs Nyamunda (the two top representatives on citizenship and renunciation issues in the Harare Passport Office). These issues were debated, and the current position is as follows:
The Registrar-General’s office clearly continues to decide on issues of citizenship despite the legislation and orders of several High Court judges ascribing this function to the Minister of Home Affairs. Their office insists, incorrectly in our view and that of several High Court Judges, that those who have an entitlement to a foreign citizenship and have failed to renounce such entitlement have lost their Zimbabwean citizenship by default. This procedure will go back to the third generation. However affected individuals can apply for restoration of their Zimbabwean citizenship for the statutory fee of $25,000.00.
An assurance was given by the Registrar-General that if this fee is paid and the applicant is either a businessperson who travels frequently, or can provide proof of an emergency, or can provide proof indicating that s/he will be travelling in the near future, then the application will be processed and the passport given to the individual immediately.
For those who take this restoration route and cannot show the above, an assurance was provided that they will be able to obtain a NON-CIT travel document, which will be valid until such time as the restoration process is complete and a new Zimbabwean passport is provided to the individual.
Alternatively, if an individual obtains an official letter from the foreign embassy which confirms her/his status as a non-citizen of that foreign country, the Registrar-General has provided an assurance that this documentation will be accepted by his officials (throughout the country). Thereafter the Passport Office shall be entitled to effect its own checks to confirm an individual’s status, and if all is in order the individual will be given a new Zimbabwean passport without resorting to the restoration process, as s/he will not have lost Zimbabwean citizenship.
For those who have become stateless due to the Registrar-General’s interpretation of the law, they are also able to apply for restoration of their Zimbabwean citizenship. This will be granted unless the individual is found to be dangerous to the nation. Should restoration be refused, the advice given was that the individual should approach firstly the Chief Immigration Officer to apply for residence, alternatively a United Nations representative to find the individual an alternative country in which s/he will be accepted.
We advise that an individual continues to have the right to make an application to the High Court of Zimbabwe for an order declaring her/himself to be a Zimbabwean citizen and to require the Registrar-General to furnish her/him with a Zimbabwean passport without delay. Several such applications have been successful.
However Mrs Herer and Mrs Nyamunda have indicated their willingness to assess every disputed matter in a bid to avoid litigation, and we suggest this as the first course of action. We are willing to assist in this regard.
We urge all embassies to co-operate in providing affected individuals with the requisite documentation to clarify an individual’s status (confirmation that s/he either is or is not, and either can or never can be, a citizen of the foreign country), bearing in mind the assurances given by the Registrar-General that such documentation will now be accepted by all Passport Offices.
If anyone believes they have been improperly obstructed, they should send details to ZLHR on email: , or by fax to 251468, or post to PO Box CY 1393 Causeway.
The above is general information only and is not intended to be regarded as "legal advice".