CCZ 04-15 - MAWERE v REGISTRAR GENERAL & 3 OTHERS

MUTUMWA     DZIVA     MAWERE

v

  1.     REGISTRAR     GENERAL     (2)     ZIMBABWE     ELECTORAL COMMISSION     (3)     PRESIDENT     OF      THE      REPUBLIC     OF     ZIMBABWE     (4)     ATTORNEY     GENERAL     OF     ZIMBABWE

CONSTITUTIONAL COURT OF ZIMBABWE

CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA,

GWAUNZA JA, GARWE JA, GOWORA JA,

HLATSHWAYO JA, PATEL JA, & CHIWESHE AJA

HARARE, JUNE 26, 2013

F. Mahere, for the applicant

T. Todhlana, for the first respondent

T.M. Kanengoni with C. Nyika, for the second respondent

No Appearance for the third & fourth respondents

 

GARWE JA

(1) This is an application, filed on the basis of urgency, in which the applicant seeks a declaratur that, being a citizen by birth, he is entitled to dual citizenship and that the law does not require of him to renounce his foreign citizenship before he can be issued with a Zimbabwean national identity document.

(2) After hearing submissions from counsel, the court issued the following order:-

“It is ordered that:-

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.

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.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.

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.

2015

Download File: 

Tags: