Dual Citizenship for Zimbabweans in the UK: What Changed After the 2013 Constitution

For decades, holding both a Zimbabwean and British passport was legally precarious for Zimbabweans abroad. The Citizenship of Zimbabwe Act of 1984 strictly prohibited dual citizenship, meaning anyone who naturalised as a British citizen technically forfeited their Zimbabwean nationality. The Constitution of Zimbabwe Amendment (No. 20) Act, 2013 changed this — but with important conditions that many in the diaspora still misunderstand. ## What the 2013 Constitution Actually Says The 2013 Constitution decriminalised dual citizenship for Zimbabweans who are **citizens by birth**. Under Section 36 of the Constitution, a person is a citizen by birth if they were born in Zimbabwe and their parents or grandparents were Zimbabwean citizens by birth or descent. Those born outside Zimbabwe may also qualify if one parent was a Zimbabwean citizen at the time of their birth. Critically, the right to dual citizenship does **not** extend to everyone. Citizens by registration — those who acquired Zimbabwean citizenship through naturalisation or marriage — are not entitled to hold dual nationality. Citizens by descent face a similarly restricted position. The UK's HM Passport Office, in its own operational guidance on Zimbabwe, confirms this distinction clearly: dual nationality is only recognised where the person is a Zimbabwean citizen by birth. The old Citizenship of Zimbabwe Act [Chapter 4:01], which still formally prohibits dual citizenship in its text, is now superseded by the Constitution on this point. The Constitution, as the supreme law of Zimbabwe, takes precedence. ## Court Cases That Clarified the Law Several court rulings have been essential in giving practical effect to the constitutional change. **Mutumwa Dziva Mawere v The Registrar General** established the foundational principle: a Zimbabwean citizen by birth is entitled to dual citizenship and cannot be compelled to renounce foreign citizenship before obtaining a Zimbabwean identity document or passport. **Madzimbamuto v The Registrar General & Others (2014)** reinforced that constitutional rights of movement and residence — including the right to enter and leave Zimbabwe — cannot be restricted even when a dual citizen presents a foreign passport. **Sibanda v Chief Immigration Officer (HB 198/23)** confirmed that a Zimbabwean citizen by birth who also holds Canadian citizenship enjoys dual citizenship, and cannot be treated as a migrant in Zimbabwe. A further ruling outlawed visa fees being charged to dual citizens, recognising that imposing such fees on citizens by birth contradicts their constitutional standing. This ruling was significant for diaspora Zimbabweans who had been charged entry fees upon returning home on a foreign passport. ## What This Means for Zimbabweans in the UK For UK-based Zimbabweans who were born in Zimbabwe and hold British citizenship by naturalisation, the position is now clearer: you do not lose your Zimbabwean citizenship by holding a British passport, and you are not required to renounce British citizenship to retain or reclaim Zimbabwean nationality. In practical terms, this means: - **You can hold both a Zimbabwean and British passport** if you are a Zimbabwean citizen by birth. - **You can enter Zimbabwe on either passport**, though carrying a valid Zimbabwean passport when travelling to Zimbabwe remains advisable and may simplify border processing. - **You cannot be treated as a migrant or charged visitor fees** on account of presenting a British passport at a Zimbabwean port of entry, as confirmed by court precedent. - **Long absence does not strip your citizenship.** Courts have confirmed that a citizen by birth who has been away for many years — and may no longer hold a valid Zimbabwean passport — retains their citizenship and can return without penalty. Note also the UK side of the equation: the British government requires dual British citizens to travel to the UK on a valid British passport or hold a certificate of entitlement. This is a UK requirement, not a Zimbabwean one, and applies regardless of any other passport held. ## Who Is Not Covered If you became a Zimbabwean citizen through registration — for example, through marriage or naturalisation in Zimbabwe rather than by being born there — you do not have a constitutional entitlement to dual nationality. The same applies to those who became citizens purely by descent without the additional birth-in-Zimbabwe connection. If your situation falls into these categories, legal advice from a Zimbabwean immigration lawyer is strongly recommended before attempting to hold or travel on both passports. ## Practical Next Steps If you were born in Zimbabwe and wish to renew or obtain a Zimbabwean passport while in the UK, the Zimbabwe Embassy in London handles passport applications for the diaspora. If you have been told in the past that you forfeited your citizenship by taking British nationality, the court precedents since 2013 indicate that advice was based on the old law. A Zimbabwean legal practitioner familiar with constitutional citizenship matters — firms such as Kanokanga & Partners have written on this area — can assist with formally resolving your status if challenges arise with the Registrar General's office.