Farai Daniel Madzimbamuto v The Registrar General & 3 Ors

[2014] ZWCCZ 5

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Case Details

Court

Constitutional Court

Date

25 June 2014

Citation

[2014] ZWCCZ 5

Judgment No.

CCZ 5/14

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIDYAUSIKU CJ

Author

ZIYAMBI JA

Full Bench

CHIDYAUSIKU CJMALABA DCJZIYAMBI JAGWAUNZA JAGARWE JAGOWORA JAHLATSHWAYO JAPATEL JAGUVAVA JA

Areas of Law

Constitutional lawImmigration lawCitizenship law

Keywords

dual citizenshippassport endorsementresidence permitfreedom of movementconstitutional interpretation

Key Issues

{"issue_text":"Whether a Zimbabwean citizen by birth who holds dual citizenship is entitled to have their foreign passport endorsed with unrestricted residence rights","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant's dual citizenship status, presentation of South African passport"}
{"issue_text":"Whether immigration regulations can treat a dual citizen as an alien when they present a foreign passport","issue_type":"constitutional","dispositive":"yes","related_facts":"Second respondent's reliance on Immigration Regulations 1998"}

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background

Facts of the Case

Background

The applicant, a Zimbabwean citizen by birth who also holds South African citizenship through his mother, sought a declaration confirming his right to dual citizenship and an order compelling immigration authorities to endorse his South African passport with unrestricted residence rights. He had been granted a 2-year residence permit but sought permanent recognition of his citizenship rights.

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