Judgment No CCZ 5/14 1
Const. Application No CCZ 114/13
REPORTABLE (2)
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FARAI
(1)
DANIEL
MADZIMBAMUTO
v
THE REGISTRAR GENERAL (2) PRINCIPAL DIRECTOR OF
IMMIGRATION (3) MINISTER OF HOME AFFAIRS
(4) ATTORNEY GENERAL
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA,
GWAUNZA JA, GARWE JA, GOWORA JA,
HLATSHWAYO JA, PATEL JA & GUVAVA JA
HARARE, FEBRUARY 12 & JUNE 25, 2014
Mrs J. B Wood with her E H Mugwadi, for the applicant
S Pedzisayi, for the respondents
ZIYAMBI JA:
The applicant is a citizen of Zimbabwe by birth. He
initially sought a declaratory order confirming his right to a Zimbabwean passport and certain
ancillary relief. He also sought an order compelling the second respondent to endorse his
South African passport with an unrestricted and indefinite residence permit.
THE BACKGROUND
The appellant was born in Zimbabwe. One of his parents is Zimbabwean by
birth while the other is South African by birth. Sometime in 2003 the applicant left on a
Zimbabwean passport for the United Kingdom in order to take up employment in that
country.
On the expiry of his passport, he attempted to get a new one through the