Judgment No CCZ 5/14 1 Const. Application No CCZ 114/13 REPORTABLE (2) 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 Zimbabwean Embassy in London but was referred to Harare, the embassy no longer having the capacity to issue passports.

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