on the question of deprivation of nationality. Accordingly, state discretion in this area is subject to the individual right to a nationality59, the prohibition of arbitrary deprivation of nationality60, the prohibition of non-discrimination61, and the obligation not to render a person stateless62. Further, the impact of nationality deprivation must be taken into consideration when assessing the legality of nationality deprivation. This includes, among other, the right to private and family life, legal personhood, and the rights of the child.63 Any measure to deprive nationality must also comply with due process and the right to a fair trial.64 40. Section 39 of the Constitution stipulates grounds upon which Zimbabwean citizenship can be revoked, such as fraud, misrepresentation or concealment of a material fact or, for citizens by registration, if a person has unlawfully traded or communicated with an enemy country.65 It also stipulates an explicit prohibition on revocation of Zimbabwean nationality to result into statelessness. However, once again, the Zimbabwean Citizenship Act (Section 11) does not comply with the Constitution. The Ministry of Home Affairs continues to use the Citizenship Act, whereby registered citizens can be deprived of Zimbabwean citizenship for arbitrary and vague grounds including ‘disloyalty’ or ‘disaffection’ to Zimbabwe; for ‘acting in a manner prejudicial to public safety or public order’; for being convicted and sentenced to a serious offence after registration; and for having been a ‘prohibited person’ in terms of the Immigration Act at the time of registration. Section 11(3)(b) stipulates that nationality deprivation in the above circumstances, where it is ‘conducive to the public good’, can result into statelessness.66 41. Being declared a ‘prohibited person’ in terms of the Immigration Act can be based on subjective and discriminatory grounds67 such as: i. Being an ‘undesirable inhabitant due to standards or habits of life’; ii. Having ‘infirmity of mind or body’; iii. Being ‘epileptic or mentally disordered or defective’; iv. Being deaf, dumb, blind or otherwise physically incapacitated; v. Being infected with or suffering from a prescribed disease (including being a prostitute, or being homosexual); and vi. Being the wife, child, or other dependant, of a person who falls into any of these categories. and the Expert Meeting on Developments related to Deprivation of Nationality held in Geneva, Switzerland on 5-6 December 2019. 59 Human Rights Council Resolution 7/10, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/7/10 (27 March 2008); Human Rights Council Resolution 10/13, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/10/13 (26 March 2009); Human Rights Council Resolution 13/2, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/13/2 (24 April 2010); Human Rights Council Resolution 20/4, The right to a nationality: women and children, UN Doc A/HRC/RES/20/4 (16 July 2012); Human Rights Council Resolution 20/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/20/5 (16 July 2012); Human Rights Council Resolution 26/14, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/26/14 (11 July 2014); Human Rights Council Resolution 32/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/32/5 (15 July 2016). 60 Principles on Deprivation of Nationality as a National Security Measure, March 2020: https://files.institutesi.org/PRINCIPLES.pdf, Principle 7. See also, the Draft Commentary to the Principles: https://files.institutesi.org/PRINCIPLES_Draft_Commentary.pdf. 61 Ibid. Principle 6. 62 Ibid. Principle 5. 63 Ibid. Principle 9. 64 Ibid. Principle 8. 65 Constitution of Zimbabwe Amendment No. 20, Section 39. 66 Citizenship of Zimbabwe Act [Chapter 04:01], section 11(3). 67 Immigration Act [Chapter 04:02], section 14. 10