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Masvingo High Court
Andrew William Tashanduka Bere and The Registrar General and The Chief Immigration Officer vs Minister of Home Affairs and Cultural Heritage
HMA 35-19, HC 88-19
Case Details
Court
Masvingo High Court
Date
31 July 2019
Citation
HMA 35-19, HC 88-19
Neutral Citation
[2019] ZWHMA 35
Judgment No.
HMA 35-19
Outcome
unknown
Case Type
Application
Bench
Presiding
WAMAMBO J
Full Bench
WAMAMBO J
Areas of Law
Constitutional LawImmigration LawCitizenship Law
Tags
CitizenshipDual CitizenshipImmigrationConstitutional Law
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant qualifies for Zimbabwean citizenship by birth under Section 36(2) of Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Father's residence status at time of applicant's birth, father's ties to Zimbabwe"}
- {"issue_text":"Whether applicant's father was ordinarily resident in Zimbabwe when applicant was born","issue_type":"mixed","dispositive":"yes","related_facts":"Father's employment in USA, maintenance of homes in both countries, frequency of visits to Zimbabwe"}
- {"issue_text":"Whether Section 39(2) of Constitution applies to revoke citizenship obtained through fraud","issue_type":"constitutional","dispositive":"no","related_facts":"Alleged fraud in obtaining Zimbabwean documents, pending criminal charges"}
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background
Facts of the Case
Background
Applicant Andrew William Tashanduka Bere, born in USA in 1990 to Zimbabwean father, claims Zimbabwean citizenship by birth under Section 36(2) of Constitution. Respondents dispute father's ordinary residence in Zimbabwe at time of birth and allege fraud in obtaining Zimbabwean documents. Applicant faces criminal charges for using counterfeit documents and overstaying in Zimbabwe.
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