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Citizenship case: Roland Whitehead vs Registrar General, Co-Ministers of Home Affairs, et al
Supreme Court of Zimbabwe
August 16, 2013

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Update from Roland Whitehead 20 September 2013

My advocate attended the Supreme Court to argue the Citizenship appeal on Friday 13 September. The appeal succeeded. The court was of the unanimous view that a citizen of Zimbabwe by birth cannot lose his citizenship; that he cannot be declared a prohibited immigrant as had been done by the Minister of Home Affairs. The matter turned on the construction of section 36 of the new constitution and the related bundle of rights such as residence, political rights and carrying on of one’s profession in Zimbabwe as per section 64 of the constitution.

The Judges, Ziyambi, Garwe and Guvava JJA , ordered that:

1. The appeal succeeds with no order as to costs.

2. It is declared that the appellant is a citizen of Zimbabwe in terms of section 36 of the Constitution of Zimbabwe.

In the Supreme Court of Zimbabwe held at Harare Case No. 308/12

In the matter between:

Roland Whitehead Appellant

And

Registrar General of Citizenship 1st Respondent

And

Co-Ministers of Home Affaris 2nd Respondent

And

Minister of Justice and Legal Affairs 3rd Respondent

And

Minister of Constitutional and Parliamentary Affairs 4th Respondent

1st Respondent's Head of Argument

1. Brief Background

1.1 Appellant was a citizen of Zimbabwe by birth, who lost his citizenship by not renouncing his citizenship of South Africa now seek recourse in this Honourable Court for the following relief:

a) The Appellant is a citizen of Zimbabwe by birth terms of Section 5(1) of the Constitution of Zimbabwe.

b) The Order issued in terms of Section 14(1)(g) of the Immigration Act [Chapter 4:02] signed by the then Minister of home Affairs on 16 December 2005 deeming the Applicant to be an undesirable inhabitant or visitor to Zimbabwe is unlawful and of no force or effect.

c) The provisions of Section 9(7) of the Citizenship of Zimbabwe Act [Chapter 4:01] are ultra vires the powers vested in the Parliament of Zimbabwe in terms of section 9 of the Constitution of Zimbabwe in so far as the said provisions relate to citizenship by birth of Zimbabwe and are of no force or effect in so far as the said provisions relate to citizenship by birth of Zimbabwe.

d) The provisions of Section 9(2) of the Citizenship of Zimbabwe Act [Chapter 4:01] are ultra vires the powers vested in the Parliament of Zimbabwe in terms of Section 9 of the Constitution of Zimbabwe in so far as the said provisions relate to citizenship by birth of Zimbabwe and are of no force or effect in so far as the said provisions relate to citizenship by birth of Zimbabwe.

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