Judgment No. CCZ 4/15 2
Civil Appeal No. CCZ 27/13
1.
The applicant, Mutumwa Dziva Mawere, born 11 January 1960, is a citizen of
Zimbabwe by birth in terms of Section 36 (1) of the Constitution of Zimbabwe
Amendment (No. 20) Act 2013.
2.
The first respondent is interdicted from demanding of the applicant to first
renounce his foreign – acquired citizenship before he can be issued with a
national identity document.
3.
The first respondent is directed to issue the applicant with a national
registration document forthwith and in any event before the voter registration
process being conducted by the second respondent in terms of Section 6 (3) of
the Sixth Schedule to the Constitution is concluded.
4.
The first respondent pay the costs of this application.”
The court further indicated that the full reasons for the order would be made
available in due course.
What follows are the reasons.
BACKGROUND
(3)
The applicant was born in Bindura, Zimbabwe, on 11 January 1960. Both of his
parents were also born in Zimbabwe. On 10 July 2002 the applicant acquired the
citizenship of South Africa by registration.
(4)
In order to register as a voter in national elections that were scheduled to take place in
2013, the applicant approached the offices of the first respondent in order to procure a
duplicate national identity document, having lost the original. He was advised that for