A Zimbabwean-born South African, Tyra Chante Naidoo, has challenged Zimbabwean authorities over her classification as a visitor despite holding key documents proving her citizenship by birth.
Naidoo, who was born in Harare on June 15, 1996, at Mbuya Nehanda Maternity Hospital, holds a Zimbabwean birth certificate and a national ID marked “CIT,” signifying citizenship.
Despite these documents, Naidoo has faced hurdles in obtaining recognition as a Zimbabwean citizen, prompting legal intervention by Zimbabwe Lawyers for Human Rights (ZLHR) on her behalf.
Prisca Dube, representing Naidoo, addressed a formal letter to Zimbabwe’s principal director of immigration, protesting the visitor’s permit requirements imposed on her.
The permit, which expired on June 19, 2024, categorized Naidoo as a non-citizen, raising legal and constitutional questions about her rightful status under Zimbabwean law.
Naidoo’s lawyers argue that she satisfies the criteria for citizenship by birth, as outlined in Section 36 of the Zimbabwean Constitution, given her birth circumstances and parentage.
The letter highlights that Naidoo’s parents attempted to obtain a Zimbabwean passport during her childhood, but their efforts were unsuccessful for undisclosed reasons.
Adding to the complexity, Naidoo acquired South African citizenship on December 19, 2005, which has now complicated her legal and national identity within Zimbabwe.
Under Section 66 of the Constitution, Zimbabwean citizens by birth are entitled to a passport, travel documents, and protection from deportation, rights Naidoo’s legal team is pursuing.
Naidoo’s legal team has cautioned immigration officials, indicating potential court action if the matter remains unresolved, with punitive costs likely sought for avoidable legal proceedings.
The case echoes broader concerns over how dual nationals and Zimbabwean-born individuals are treated, especially those holding documents establishing their connection to the country.
Legal precedent exists within Zimbabwe’s courts on similar matters, making Naidoo’s petition significant in reinforcing the rights of citizens born within its borders.
The Southern Eye, which reviewed the correspondence, reported that this issue underscores challenges faced by Zimbabwean-born individuals abroad seeking acknowledgment of their citizenship.
Observers have pointed out that such cases often highlight administrative inefficiencies and inconsistencies in implementing constitutional provisions regarding citizenship.
For Naidoo, the battle is more than a legal issue—it reflects the deeper ties and identity she maintains with the country of her birth, despite living abroad.
This legal challenge not only seeks personal redress but also calls attention to the need for transparent and fair processes in granting citizenship rights.
As Naidoo’s case unfolds, it could have far-reaching implications for similar cases involving Zimbabweans in the diaspora facing bureaucratic obstacles.