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Mutumwa Dziva Mawere vs Registrar General and others – citizenship judgment
Constitutional Court of Zimbabwe
June 26, 2013

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In the matter between:

Civil Application No. CCZ 30/13

MUTUMWA DZIVA MAWERE APPLICANT

AND

(1) REGISTRAR GENERAL

(2) ZIMBABWE ELECTORAL COMMISSION

(3)PRESIDENT OF ZIMBABWE

(4) ATTORNEY GENERAL

HARARE: Wednesday the 26th of june 2013

Before the Honourable Mr Justice Chidyausiku, Chief Justice
the Honourable Mr Justice Malaba, Deputy Chief Justice
the Honourable Mrs Justice Ziyambi, Judge of Appeal
the Honourable Mr Justice Gwaunza, Judge of Appeal
the Honourable Mr Justice Gwarwe, Judge of Appeal
the Honourable Mr Justice Gowora , Judge of Appeal
the Honourable Mr Justice Patel, Judge of Appeal
the Honourable Mr Justice Hlatshwayo, Judge of Appeal
And the Honourable Mr Justice Chiweshe, Acting Judge of Appeal

F. Mahere for the applicant

T. Tondlanga , for the first respondent

T.M Kanengoni, with C. Nyika for the 2nd respondent

No appearance for 3rd respondent

No appearance for 4th respondent

WHEREUPON, after reading the documents filed of record and hearing counsel,

IT IS ORDERED THAT:

1. The applicant Mutumwa Dziva Mawere born 11 January 1960 is a citizen of Zimbabwe by birth in terms of Section 36(1) of the Constitution of Zimbabwe Amendment (No. 20).

2. The 1st respondent is interdicted from demanding the applicant to first renounce his foreign-acquired citizenship before he can be issued with a national identity document.

3. The 1st respondent is directed to issue the applicant with a national registration document forthwith and in any event before the voter registration process being conducted by the 2nd respondent in terms of Section 6 (3) of the sixth schedule to the constitution is concluded.

4. 1st respondent pay costs.

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