CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 citizenship to the five applicants. Reflecting a general trend in South African citizenship administration, the Department argued before the Constitutional Court (it was not represented at the High Court) that the amendments were necessary to prevent fraudulent acquisition of citizenship by the “children of foreigners”.106 The Constitutional Court disagreed, finding that the Citizenship Act must be interpreted to conform to the constitution, and that applicants and other children born abroad to a South African parent must be recognised as South African citizens.107 Under its 2013 constitution, children born outside Zimbabwe become Zimbabwean citizens by descent if “either of their parents or any or their grandparents was a Zimbabwean citizen by birth or descent”; or either of their parents was a Zimbabwean citizen by registration. If the parents were “ordinarily resident” in Zimbabwe or posted abroad on state duties, however, citizenship “by birth” is attributed to the child, even if born abroad.108 Neither the Citizenship Act nor the Births and Deaths Registration Act have yet been updated to reflect these provisions. 106 Christine Hobden, “The case of Chisuse and Others versus Department of Home Affairs (CC:155/19)”, GlobalCit (blog post) 14 April 2020 http://globalcit.eu/the-case-of-chisuse-and-others-versus-department-of-home-affairs-cc155-19/ 107 Yamikani Vusi Chisuse and Others v Director-General, Department of Home Affairs and Another CCT 155/19, South African Constitutional Court, judgment of 22 July 2020. 108 30 Constitution of Zimbabwe 2013, arts. 36(2) and 37. UNHCR / December, 2020