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Harare High Court
Susan Mary Stooks v The Registrar General N.O and Mrs. Nyamunda and Attorney General N.O
HH 302-21
Case Details
Court
Harare High Court
Date
23 June 2021
Citation
HH 302-21
Neutral Citation
[2021] ZWHH 302
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Administrative LawConstitutional LawCitizenship Law
Keywords
mandament van spoliedual citizenshippassport confiscationsection 42(e) ConstitutionCitizenship of Zimbabwe Act
Tags
spoliationpassportcitizenshipdual citizenshipconstitutional law
legislation
Statutes Cited
- Constitution of Zimbabwe
- Citizenship of Zimbabwe Act
- National Registration Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the requirements for a mandament van spolie have been met","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant was in peaceful possession; documents were retained by officials"}
- {"issue_text":"Whether the confiscation of documents was lawful under citizenship laws","issue_type":"law","dispositive":"no","related_facts":"Applicant held both Zimbabwean and British passports"}
- {"issue_text":"Whether there is urgency in a spoliation application","issue_type":"procedural","dispositive":"no","related_facts":"Application brought as urgent chamber application"}
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background
Facts of the Case
Background
The applicant, a British citizen by birth who acquired Zimbabwean citizenship by registration, approached the Registrar General's office to enquire about passport renewal. She voluntarily produced her British passport when asked, whereupon officials confiscated her Zimbabwean passport and identity card, claiming dual citizenship was illegal. She sought a mandament van spolie for return of her documents.
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