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This article participates on the following special index pages:
Citizenship issues
Bredenkamp
fights for Zim citizenship
The Herald
(Zimbabwe)
September 20, 2006
http://www1.herald.co.zw/inside.aspx?sectid=9149&cat=1&livedate=9/20/2006
BUSINESS tycoon Mr John
Bredenkamp, who last week lost his Zimbabwean citizenship, has appealed
to the High Court seeking restoration of his nationality and the
immediate return of his withdrawn passport.
Mr Bredenkamp (66) is
challenging Registrar-General (RG) Mr Tobaiwa Mudede's decision
to withdraw his passport, saying this has left him "stateless"
and that he faces deportation.
In the application, the
business tycoon cited the RG, the Ministry of Home Affairs, chief
immigration officer and the clerk of the criminal court as first,
second, third and fourth respondents respectively.
The hearing of the matter
is set for today before Justice Bharat Patel.
In his founding affidavit,
Mr Bredenkamp claimed to be a Zimbabwean citizen by registration
and argued that Mr Mudede does not have any power to strip him of
his citizenship.
"I contend that
in law, the first respondent does not have the power to deprive
me of my citizenship in Zimbabwe. I also contend that as a citizen,
I am entitled to be in possession of a passport only issued to me
by the Government of Zimbabwe.
"The action of the
first respondent in seeking to deprive me of my rights in that regard
has no basis in law and has been taken surely vindictive,"
he said.
Mr Bredenkamp further
submitted that he had since renounced his South African citizenship
and that Mr Mudede's decision was "wrongful and unlawful".
"Consequently, I
am seeking an order declaring that I am a citizen of this country
and entitled to the immediate return of my passport. The effect
of the decision is to render me stateless, which decision not only
offends our law, but international law," he said.
Mr Bredenkamp's
passport was withdrawn last week after his acquittal in a criminal
case in which he was accused of illegally using a South African
passport on his international trips on 65 occasions.
Soon after the acquittal,
the clerk of court refused to return his passport, which had been
surrendered as part of his bail conditions, as per a letter from
Mr Mudede, dated September 9, 2006.
The letter was addressed
to Harare provincial magistrate Mr Mishrod Guvamombe declaring that
Mr Bredenkamp had ceased to be Zimbabwean and that his passport
should, therefore, be withdrawn.
Mr Mudede said that Bredenkamp
had lost his citizenship by default.
Mr Bredenkamp was born
on August 11 1940 in Kimberly district of South Africa and acquired
Zimbabwean citizenship in 1958 by registration.
In 1984, the business
mogul lost his citizenship by default and later restored it in 1998.
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