Zimbabwe: Carr v. Registrar General

Published: 30/Nov/2000
Source: Zimbabwe Supreme Court

The applicant, who was born outside Zimbabwe, was registered as a citizen of Zimbabwe in 1995. When she did so, she renounced her United Kingdom citizenship in accordance p with the form of renunciation set out in the Schedule to the Citizenship of Zimbabwe (Dual Citizenship) Regulations 1984 (SI 384 of 1984). She handed in her foreign passport and was issued with a Zimbabwean passport. When her passport expired after five years, her application to extend the passport was rejected on the grounds that she had not renounced her former citizenship according to the requirements for renunciation provided by the relevant British legislation and was thus not a citizen of Zimbabwe. She applied to the Supreme Court for an order (1) declaring that her right of freedom of g movement under s 22(1) of the Constitution was being contravened by the respondent’s action and that she was a citizen of Zimbabwe; and (2) directing the respondent to extend the passport.

Held, that, in terms of s 9 of the Citizenship of Zimbabwe Act [Chapter 4:01], a person who renounces his foreign citizenship in order to become or remain a citizen of Zimbabwe had only to do so “in the manner prescribed”. The manner is prescribed in the Regulations. There is no need for the person in addition to renounce citizenship under the law of the p country of his former citizenship. If he complies with the requirements of the relevant regulations, he is deemed to have renounced his foreign citizenship. There is no need to look at the requirements of the law of the relevant foreign country. Indeed, some countries do not permit renunciation of citizenship in any circumstances.

Download: Carr v Registrar General ZSC 2000

Themes: Naturalisation and Marriage, ID Documents and Passports
Regions: Zimbabwe
Year: 2000