Judgment No CCZ 5/14 7 Const. Application No CCZ 114/13 Regulations to decide how best to align the Regulations with the Constitution in order to give effect to the Constitutional rights of Zimbabwean citizens. Because of the firm stance taken by Mr Pedzisai, on behalf of the second respondent, that the applicant will be treated as an alien if he presents a South African passport to the immigration officials upon entry into Zimbabwe, we consider that it is necessary, in this case, to grant an order in the terms sought by the applicant. Accordingly, the application is allowed and the following order is issued: 1. It is declared that the applicant is a citizen of Zimbabwe by birth with entitlement to dual citizenship. 2. The second respondent is hereby ordered to endorse in the applicant’s South African passport upon presentation thereof to him, the applicant’s right to unrestricted and unconditional residence in Zimbabwe. CHIDYAUSIKU CJ: I agree MALABA DCJ: I agree ZIYAMBI JA: I agree GWAUNZA JA: I agree

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