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Harare High Court
Roland Whitehead v Registrar General of Citizenship and Co-Ministers of Home Affairs and Minister of Justice and Legal Affairs and Minister of Constructional and Parliament Affairs
HH 349-12
Case Details
Court
Harare High Court
Date
13 September 2012
Citation
HH 349-12
Neutral Citation
[2012] ZWHH 349
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
Constitutional lawCitizenship lawImmigration law
Keywords
citizenship by birthdual citizenshiprenunciationprohibited immigrantpassport confiscation
Tags
citizenship by birthdual citizenshipprohibited personpassport confiscation
legislation
Statutes Cited
- Constitution of Zimbabwe
- Citizenship of Zimbabwe Act
- Citizenship of Zimbabwe Act
- Immigration Act
- Immigration Act
- Immigration Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Are sections 9(2) and 9(7) of the Citizenship of Zimbabwe Act ultra vires the Constitution?","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant acquired foreign citizenship after birth"}
- {"issue_text":"Did the applicant lose Zimbabwean citizenship by birth?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant acquired South African citizenship"}
- {"issue_text":"Was the ministerial order declaring applicant a prohibited person unlawful?","issue_type":"law","dispositive":"yes","related_facts":"Applicant ceased to be Zimbabwean citizen"}
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background
Facts of the Case
Background
The applicant, born in Zimbabwe to Zimbabwean parents, claimed citizenship by birth and challenged the confiscation of his passport and declaration as a prohibited person. After his passport was confiscated in 2005, he acquired South African citizenship to avoid statelessness, leading to disputes over loss of Zimbabwean citizenship and the lawfulness of his prohibition from entering Zimbabwe.
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