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Update on Citizenship, Renunciation and Passport Issues
Zimbabwe Lawyers for Human Rights (ZLHR)
June 24, 2002

In January this year the High Court, in the decision in Tsvangirai v The Registrar General and Ors HH-29-2002, extended the period for renunciation of foreign citizenship in terms of the amended Citizenship Act to 6 August 2002. The judgment was appealed and the order was consequently suspended. However, the appeal has now lapsed as a result of a failure by the Registrar General to prosecute the appeal. This has the effect of reinstating the order by Justice Adam in the above case.

In theory, this means that if anyone failed to renounce their foreign citizenship by 6 January 2002, they now have until 6 August 2002 to renounce such foreign citizenship (or, as is still being incorrectly interpreted by the Registrar-General, any entitlement to foreign citizenship). It also means that no-one has yet lost their Zimbabwean citizenship for failing to comply with the Amendment to the Citizenship Act. Therefore no one should be asked to apply to "re-instate" such Zimbabwean citizenship, as such a procedure would be premature.

In other words, the current situation, where the Passport Office is asking persons to re-apply for citizenship and charging $25 000 in the process, is incorrect. This process should only be utilised after the new cut-off date of 6 August 2002. Whether the Passport Office complies with this extension remains to be seen. In theory, however, anyone who has already paid $25,000 to reinstate their Zimbabwean citizenship should be entitled to a refund. ZLHR is prepared to provide an appropriate Letter of Demand for such a claim to enable individuals to properly apply for such a refund.

Meanwhile Zimbabwe Lawyers for Human Rights has brought a number of applications on behalf of affected individuals and awaits the final determination in these cases. In our correspondence with the Passport Office we have been informed that they will process passports for persons who have a letter from "their" embassies to confirm that they are not citizens of that country. Unfortunately, a number of people who have consulted us have this letter but are still being denied a passport.

Further, some embassies are now refusing to give people these letters on the grounds that the Passport Office is ignoring them. This is compounding an already difficult situation and we urge all relevant embassies and high commissions to assist affected individuals going through this ordeal.

We believe that the Passport Office is deliberately frustrating Zimbabwean citizens in their attempts to obtain or extend a passport. While we are trying to assist affected persons where possible, we cannot afford to do so in all cases. We therefore advise those who can, to get a letter from the embassy of the country to which they are alleged to have a claim to citizenship, stating that they are not, in fact, citizens of that country.

In any event, as the cut-off date is now theoretically 6 August 2002, it would be advisable to proceed to renounce any claim that you might have to a foreign citizenship and to fill in the necessary forms at the Registrar-General’s Office. In the case of Manwere v The Registrar General, HC 4448/2002 the High Court has recently confirmed that the mere entitlement to a foreign citizenship is not sufficient ground to decline to grant a passport to a Zimbabwean citizen. However, considering the lack of co-operation that the Passport Office is giving to members of the public, it may be advisable to take every precaution possible. In other words, even if you do not hold a foreign citizenship, it is advisable that you take this opportunity to ensure your Zimbabwean status by "renouncing" your "claim" to the foreign citizenship.

As stated above, ZLHR cannot assist in every case and we urge affected individuals to proceed as far as possible on their own. If anyone believes they have been improperly obstructed, they should send details to ZLHR on email: zlhrlaw@mweb.co.zw, or by fax to 251468, or post to PO Box CY 1393 Causeway.

The above is general information only and is not intended to be regarded as "legal advice".

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