Dual Citizenship: A Tiny Story
Some musings on the morning after the Constitutional Court endorsed the validity of dual citizenship in the Constitution.
The issue of dual citizenship was one of the most contentious during the constitution-making process. The discussions went on forever. It was “parked” and “unparked” several times. Drafted and re-drafted many times. Eventually everyone saw sense. There was agreement that persons who are citizens by birth are entitled to have dual citizenship.
The manner in which the relevant clause is written is awkward but this owes to its messy and politically-charged negotiating history. There were those who stridently opposed it and when they eventually agreed they did not want it to be written as explicitly as was the case in the Constitution of Kenya. It would have appeared like an embarrassing climbdown and political parties, as a general rule, don’t like to be seen like they have climbed down.
But the fact was that it was agreed and the net effect of the Constitution was that Parliament could not affect citizenship of citizens by birth on grounds that they hold another citizenship. It was a victory for common sense; a victory for the Diaspora and a victory for Zimbabwe as a nation. But even after the referendum and approval of the Constitution, some people still insisted that there was no dual citizenship even when the supreme law of the land was clear. They did not want to admit the reality. It was frustrating arguing with these folks but we knew there would be no other way. So we thank the Court for confirming what was already plain and obvious.
The battles in the negotiating rooms were intense, I tell you. I had written severally on this issue before. As someone coming from the Diaspora, there was a feeling among opponents of dual citizenship that anaMagaisa were representing self-interest! We had lots of banter over that – all good-natured I must add. They did not realise that even though I could have, I had not taken citizenship of another country. I was merely arguing in support of it not for personal reasons but because I thought that was the right thing for Zimbabwe and for my many comrades in the Diaspora whom I knew to be inextricably attached to their homeland and wanted dual citizenship to be recognised.
There were many points and there are quite a number of aspects of the Constitution of which I am not proud but I will always remember this as one of the higher moments of the constitution-making process. This is why I am recording my experiences in the form of a book so that present and future generations can appreciate how the clauses were negotiated and the thinking behind the wording of these clauses. I hope students of constitutional history and law would find some use in its contents. But it is not beyond the ordinary reader.
I also want to pay tribute to some of my comrades who silently but valiantly organised and pushed for the realisation of dual citizenship in the Constitution. Back in 2009, a group of friends in the UK came together to create a platform which would advocate for diaspora and development issues. I have not seen a more dedicated group of people. Many of them have become firm friends. Here I mention those who immediately come to memory at the time of writing this post: Msekiwa Makwanya, Yvonne Kuimba, Livingston Musoro, Chofamba Sithole, Natalie Jabangwe, Samuel Chindaro, Bheki Chatira, Gardner Mugashu, Catherine Madziva, Loreen Makwanya, Blessing Dumbura, Francis Dumbura, Ennie Mhende, Kenny Mupomba.
Forgive the ageing memory because I am sure I have missed out some names – my fresher-minded cdes here can add to the list. It’s not often that you get recognition for your efforts. That mini-diaspora conference that you held produced a position paper that was immensely helpful in the negotiating process. And for those long trips to London Met, when it seemed lonely and meaningless – you deserve a pat on the back. It was not in vain after all!
