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