via RadioVop Zimbabwe – Zim Concourt Endorses Dual Citizenship 25 June 2014
The Constitutional Court has endorsed a Zimbabwean citizen’s unrestricted entitlement to dual citizenship rights and ordered the Registrar General, Minister of Home Affairs, Attorney General and the Principal Director of Immigration to comply with the law.
In endorsing the dual citizenship law which came into force following the adoption of the new constitution’s provisions, the full bench of the Constitutional Court has upheld an application by Farai Daniel Madzimbamuto seeking to compel the Principal Director of Immigration to endorse his South African passport with unrestricted and indefinite residence permit.
Madzimbamuto, who was represented by Jane Wood had approached the highest court in the land aggrieved that as a Zimbabwean citizen by birth, he was regarded as an alien in terms of the immigration regulations and compelled to apply for a residence permit as all holders of foreign passports.
The appellant is a holder of a South African passport by virtue of one of his parents being a South African descendent and his Zimbabwean passport had expired while he was in the United Kingdom where he was referred to Harare for a renewal.
He returned but failed to secure a new passport owing to the chaotic situation at the passport office and he returned to the UK where he was issued with a South African passport.
In 2012, he returned to Zimbabwe permanently and upon presenting his South African passport to immigration officials he was advised to apply for a residence permit and was issued with a 2-year permit.
When the new constitution was promulgated he approached immigration requesting for the endorsement of a permanent residence status on his South African passport after advising them that he was now a holder of a Zimbabwean passport.
The officials did not respond compelling him to approach the court.
In its ruling, the court said Madzimbamuto was entitled to dual citizenship which is inherent in his birth right as a citizen and he must also enjoy the right to freedom of movement.
The court added that to deny him the right to freely enter Zimbabwe and leave the country on the grounds that he has presented a foreign passport would be to deprive him the fundamental rights guaranteed by the supreme law of the land.
COMMENTS
I have said in the past Deneker and Evans should fight their cases in the Courts in Zimbabwe first. Madzimbamuto has shown how it is done. If the ones that rule overturn the constitutional laws then they will be exposed. If the Constitutional court agrees that a Zimbabwean because of his colour can not hold 100% shares in his business then this will be exposed as a sham. All these things have to be either exposed or sorted out in all the ways available.
A president has now been set. In future despite the fact that u were born here you are now regarded as a citizen. Well whoopi do!! At the end of the day all we get is a travel document.
One battle won. Thank you. More battles to fight.
ZANU must go.
They want people to be paying money when they visit the country of their birth, these morons.
Nevertheless, ‘hatiuyeko’!
The registrars office will resist
I agree with John Thomas.
Watch this space as they say.
KEEP THE PRESSURE UP, CONTEMPT OF COURT CHARGES TO FOLLOW….
Nothing to celebrate here; Zim is a lawless society. It matters not what the Concourt says, everywhere you go you will have a difficult time; you will continue to be harassed at roadblocks until you tire of approaching the courts!!
Seeing that Farai Daniel Madzimbamuto is partly of South African ancestry; I am really interested to know whether he being Shona, will time and again be directed to “GO BACK TO KWAZULU-NATAL”; each time he challenges marginalisation or unfiar treatment in his own country of birth, Zimbabwe!
ANY TAKERS?????
@Straight Shooter
You are a tribalistic fool
gandaga
I am merely repeating the usual Shona mantra concerning any one who has any links to South Africa. Thats not tribalism in my book.
Springing up labels or accusations of “tribalism”, is always the “default line” of intellectual dwarfs who can not engage in debates. Its an effort at silencing debate.
Sorry to disappoint you, I will never bend to that one!!
Word of caution, gandanga.
The man is a UXB.