Nicolette Jane Marsh & 5 Ors v Registrar General of Citizenship & 4 Ors

SC 54/21

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Case Details

Court

Supreme Court

Date

17 May 2021

Citation

SC 54/21

Neutral Citation

[2021] ZWSC 54

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GUVAVA JA

Author

CHITAKUNYE AJA

Full Bench

GUVAVA JAMAKONI JACHITAKUNYE AJA

Areas of Law

Constitutional LawCitizenship Law

Keywords

Citizenship by birthOrdinary residenceSection 36(2) ConstitutionDual citizenship

Key Issues

{"issue_text":"Whether the fifth appellant established that either parent was ordinarily resident in Zimbabwe at time of his birth","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's birth in UK, parents' citizenship, missing residence documents"}
{"issue_text":"Whether the court a quo erred in interpreting \"ordinarily resident\" in constitutional context","issue_type":"law","dispositive":"no","related_facts":"Legal definition of ordinary residence"}
{"issue_text":"Whether the court a quo should have considered section 43(1) of the Constitution","issue_type":"law","dispositive":"no","related_facts":"Appellant's reliance on section 36(2) instead"}

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background

Facts of the Case

Background

The fifth appellant, born in the UK on 21 March 1979, sought a declaration that he is a Zimbabwean citizen by birth based on his father's Zimbabwean citizenship and alleged ordinary residence of his parents in Zimbabwe at the time of his birth. The High Court dismissed his application for failing to prove ordinary residence.

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