Bronwen Manby
in Southern Rhodesia.7 The Citizenship of Rhodesia and Nyasaland and British Nationality
Act of 1957 governed the citizenship of the new federation; but the migrants from Northern
Rhodesia and Nyasaland in Southern Rhodesia did not acquire the merged citizenship,
remaining British protected persons, and carrying passes that indicated this status.8 On the
dissolution of the federation in 1963, a new law was adopted, the Citizenship of Southern
Rhodesia and British Nationality Act, which provided for continuity of citizenship, and
citizenship on a jus soli basis going forward, with the standard exceptions.9
White Rhodesian resistance to African enfranchisement proved irresolvable within the
Commonwealth framework. Southern Rhodesia made its “unilateral declaration of
independence” from Britain in November 1965, known as UDI, announcing that it was now
the sovereign state of Rhodesia. The citizenship law became significantly more restrictive
under the new regime. In 1967, the 1963 act was amended to create a new exception to
exclude from citizenship those born in Rhodesia whose fathers were “prohibited immigrants”
(in line with the South African law in force at the time).10 A new Citizenship of Rhodesia Act
adopted in 1970 continued this framework, and a 1972 amendment expanded the exceptions
to further restrict transmission of citizenship on the basis of birth in the country for those born
after the amendment came into force, requiring the father either to be a citizen or “ordinarily
resident” in Zimbabwe (or the mother if born out of wedlock).11
An end to white minority rule came in 1980 only after a protracted war of liberation,
though ultimately negotiated through talks brokered by the British government. A new
government was elected on the basis of universal suffrage, headed by Robert Mugabe (first as
prime minister and from 1987 as president) as the leader of the dominant liberation
movement, ZANU-PF.
The 1979 Constitution of Zimbabwe, negotiated at Lancaster House in London,
provided for continuity of citizenship from previous laws. For those born after it entered into
force, it kept the restrictions on jus soli rights to nationality first enacted in 1967 and 1972.
Thus, it limited the transmission of citizenship by birth to children born in the country of a
father (or, if out of wedlock, of a mother) who was a citizen or ordinarily resident and legally
present in Zimbabwe. Transmission of citizenship to a child born outside the country was
limited to one generation, through provisions that stated that only a father (or mother if out of
wedlock) who was a citizen “otherwise than by descent” could pass on citizenship to a child
also born outside the country.12 The new bill of rights prohibited discrimination on the basis
of “race, tribe, place of origin, political opinions, colour, creed or sex”.13 Nonetheless,
gender discrimination impacted both the attribution of citizenship based on descent and its
acquisition through marriage.14
7
Anusa Daimon, ‘ZANU (PF)’s Manipulation of the “Alien” Vote in Zimbabwean Elections: 1980–2013’,
South African Historical Journal 68, no. 1 (2016): 112–31, https://doi.org/10.1080/02582473.2015.1118879.
8
Citizenship of Rhodesia and Nyasaland and British Nationality Act No.12 of 1957. For discussion see
Fransman, Berry, and Harvey, Fransman’s British Nationality Law, catalogue entries on Malawi, Zambia, and
Zimbabwe.
9
Citizenship of Southern Rhodesia and British Nationality Act 1963 (No.63 of 1963), sections 4-8.
10
Citizenship of Rhodesia and British Nationality Amendment Act No.25 of 1967.
11
Citizenship of Rhodesia Act, No.11 of 1970, as amended by Act No.49 of 1972, section 5(1)(c) and (d)
(incorporated into the revised edition of the Statutes of Rhodesia 1974, Cap 23). See generally, Fransman’s
British Nationality Law, catalogue entry on Zimbabwe, and the history of citizenship law set out in Piroro v.
Registrar General of Citizenship and Others, Case No.HC 7248/10 [2011] ZWHHC 128.
12
Citizenship of Rhodesia Act, Cap 23, section 5; Constitution of Zimbabwe 1979, article 5.
13
Constitution of Zimbabwe, 1979, article 11.
14
Constitution of Zimbabwe, 1979, article 7(2).
4
RSCAS/GLOBALCIT-CR 2019/1- © 2019 Author(s)