Confusion over dual citizenship in the Zimbabwe draft constitution

The issue of dual citizenship has emerged as one of the most confusing in the draft Constitution produced by the select committee, COPAC, with conflicting interpretations being offered by different camps.

The draft Constitution clearly leaves it to an "Act of Parliament" to make provision for "the prohibition or permitting of dual citizenship in respect of citizens by descent or registration".

But there is no direct reference to dual citizenship for citizens by birth, causing much confusion and speculation that the issue was simply "parked" because the MDC formations and Zanu-PF could not agree on a solution.

The MDC-T, who are calling on Zimbabweans to vote yes in the coming Constitutional referendum, have adopted the position that dual citizenship is guaranteed in the draft charter, for citizens birth.

The party this week released a "Guide to the Constitution", a simplified interpretation of the draft charter, which says: "Under this constitution, dual or multiple citizenship is automatically allowed for Zimbabwean citizens by birth".

We were unable to contact the MDC-T spokesperson Douglas Mwonzora who co-chairs COPAC, but we spoke to the Minister for Parliamentary Affairs, Eric Matinenga, to give his interpretation.

Speaking as a lawyer Matinenga agreed that the issue of dual citizenship for those who are Zimbabweans by birth was not addressed directly. He explained that the draft gives parliament powers to act regarding citizens by descent or registration only, and said:

"The issue of citizenship by birth has been deliberately left out. Whilst parliament can permit or prohibit dual citizenship, it can only do so when it addresses the issue of citizenship by descent or registration. It cannot in terms of section 3.8e, address citizenship by birth," Matinenga said.

He added: "The issue of citizenship by birth is absolute. Parliament cannot interfere with it."

A different interpretation was offered by other lawyers who spoke to SW Radio Africa. Speaking on the Elections Watch programme last week lawyer and activist Dewa Mavhinga said he strongly believes the issue of dual citizenship was deliberately omitted by COPAC.

Mavhinga said: "It's a political position. It's no coincidence that one party in the negotiations felt uneasy letting millions of Zimbabweans vote in the next election.

Madock Chivasa, spokesperson for the National Constitutional Assembly (NCA), said: "This document does not guarantee dual citizenship. It leaves it to an act of parliament to decide. If they wanted it why not just say Zimbabweans are allowed so and so. It's clear they don't want it."

Lawyer David Hofisi said the draft charter is not clear on several issues and this reflects the fact that it was a negotiated document. Hofisi also agreed that the issue of dual citizenship is not clearly defined in the draft and was left to an act of parliament.

One thing is clear is that even as Zimbabweans decide which Constitution we want to live under, there is no guarantee that the next government will abide by it. Zanu-PF continues to ignore the current Constitution while negotiating a new one with the MDC formations.