Sister Berry (Nee Ncube) & Anor v The Chief Immigration Officer & Anor

[2016] ZWCCZ 4

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Case Details

Court

Constitutional Court

Date

15 June 2016

Citation

[2016] ZWCCZ 4

Judgment No.

CCZ 4/16

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIDYAUSIKU CJ

Author

GWAUNZA JCC

Full Bench

CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCCMAVANGIRA AJCC

Areas of Law

Constitutional lawImmigration lawHuman rights

Keywords

prohibited personspousal residence permitfreedom of movementmarriage to citizenimmigration status

Key Issues

{"issue_text":"Whether the second applicant's status as a prohibited person was negated by his marriage to the first applicant","issue_type":"mixed","dispositive":"yes","related_facts":"Second applicant was prohibited person at time of marriage; marriage occurred after conviction"}
{"issue_text":"Whether there has been any infringement of the applicants' fundamental right to freedom of movement","issue_type":"constitutional","dispositive":"yes","related_facts":"First applicant claims right to reside with spouse in Zimbabwe; second applicant is prohibited person"}
{"issue_text":"Whether the applicants are entitled to the relief sought","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants seek declaratur and orders compelling entry and residence permit"}

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background

Facts of the Case

Background

The first applicant, a Zimbabwean citizen, married the second applicant, a US citizen who had been convicted of drug possession in the USA and was therefore a prohibited person under Zimbabwean immigration law. The applicants challenged the refusal to grant the second applicant entry and residence in Zimbabwe, claiming it violated the first applicant's constitutional right to freedom of movement and residence.

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