Judgment No CCZ 5/14 2
Const. Application No CCZ 114/13
The applicant returned home briefly but due to the chaotic situation and long
queues then prevailing at the passport office he failed to submit an application for a passport.
He returned to the United Kingdom where he was able to obtain a South African passport by
virtue of his mother’s birth in South Africa.
In mid 2012, the applicant returned home permanently. Upon presentation of
his South African passport to the second respondent’s officials, he was advised to apply for a
residence permit, which he did. A 2-year residence expiring on 16 August 2014 was granted
to him by the second respondent.
When the new Constitution was promulgated, the applicant applied to the
second respondent for his acceptance as a citizen, and therefore a permanent resident, by
making an endorsement of his permanent residence status on his South African passport. The
application was declined with the advice that the applicant should first acquire a Zimbabwean
passport. On 28 October 2013 the applicant wrote to the second respondent advising that he
now had a Zimbabwean passport and requesting an endorsement of his permanent residence
status on his South African passport. No response has been received to date.
THE ORDER SOUGHT
At the hearing, the Court was advised that the order initially sought against the
first respondent was no longer being pursued as the applicant had been granted a
Zimbabwean passport. The order now being sought is set out in the draft order produced to
the Court by Mrs Wood. It prays that:
“The applicant be and is hereby declared to be a citizen of Zimbabwe by birth with
entitlement to dual citizenship;
The second respondent shall with immediate effect record in the Applicant’s South
African passport his right to unrestricted and unconditional residence in Zimbabwe.”