Mawere wins dual citizenship

SOUTH Africa-based Zimbabwean businessman Mutumwa Mawere had all the reason to smile yesterday after the Constitutional Court (Concourt) upheld his dual citizenship bid and ordered Registrar -General Tobaiwa Mudede to issue him with a national registration certificate.

REPORT BY CHARLES LAITON

In a landmark ruling delivered by Chief Justice Godfrey Chidyausiku backed by eight other judges, the court said section 36(1) of the new constitution recognized Mawere as Zimbabwean by birth.

The court added that denying him the right to obtain an identity document was in violation of his constitutional rights.

The order granted by the court reads in part: “It is declared that the 1st respondent’s (Registrar General) refusal or failure to issue the applicant (Mawere) with a national identity document upon application on May 27, 2013 was unlawful and in contravention of section 36(1) and applicant’s right to vote enshrined in section 67(3) (a) of the constitution of Zimbabwe. 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.”

In his application, Mawere, who was represented by Advocate Fadzayi Mahere instructed by Philip Nyakutombwa, had cited Mudede, Zimbabwe Electoral Commission (Zec), President Robert Mugabe and Attorney-General Johannes Tomana as respondents.

The Concourt also dealt with all the six matters that had been set down on a continuous roll.

Zimbabwe Development Party president Kisinoti Mukwazhe’s application seeking a $1,5m political funding by government was dismissed.

Mukwazhe had submitted that his political outfit was Zimbabwe-oriented and he wanted to avoid a situation where he would be forced to approach the “Taliban” for funding in the event that the government failed to support multiparty democracy.

Drawing laughter from the fully packed court, Mukwazhe said the denial by the government to fund his party was tantamount to “electoral legislative rigging”.
However, the court said the reasons for its decision would be passed in due course.

The other matters that were supposed to be heard including one for Justice minister Patrick Chinamasa seeking an extension of the July 31 election date were postponed sine die.

Chinamasa’s lawyer Fred Gijima had applied for the matter to be heard, but it later emerged there were counter applications that had not been responded to, prompting the court to order parties to agree on a best way forward.

It was also raised by the court that Mugabe was not represented in the proceedings and had not been cited in the applications when in fact he was part to the election date impasse.

The court, however ordered all the matters including one for Nixon Nyikadzino and Maria Phiri to heard together with Chinamasa’s matter.

Judgment in the matter of Tavengwa Bukaibenyu, who was seeking an extension of postal votes to include other Zimbabweans as opposed to government employees on national duty, was reserved.

Bukaibenyu was represented by Advocate David Ochieng while the Attorney-General’s office was represented by Tinei Dodo.

Related posts:

19 Comments

  1. A landmark ruling that flies in the face of the cruel Mudede. Mudede should know that God made this world for everyone, not for just a few tyrants in his league. Big up ConCourt!

    1. SO I CAN ALSO OBTAIN SA CITIZENSHIP WITHOUT RENOUNCING MY REAL-ORIGINAL CITIZENSHIP. WE ARE NOW REALISIN OUR INDEPENDENCE BEAT BY BEAT

    2. ADVICE: Do something for yourself. Don’t waste your time talking politics/sports/music. See how this South Zimbabwean poor woman became a millionaire just by buying and selling accident cars, Very interesting idea. Go to (USED dot CO) not dhot com, to see the methods and companies she was using to do that (USED dot CO) not dhot com. It is a very simple idea but a very powerful one. Wake up Africans

  2. Triumph of the people of Africa.

  3. ko zvamaiti the bench is biased toward the President when it made a ruling on the election date wani. Zvitaitai.

    1. is Mudede the President?

    2. Of course t was biased but the concourt realised that they won’t get away with this one since Mawere can put up a spirited fight with facts and not a politicized one just like Zanoids.This man is just brave and all the guys who are /were fingered in the crumbling of his empire will be toasted eg Chinamasa….he should brace himself for some more lawsuits…..mark my words.

    3. No need to compare these scenarios. Critique them separately dear reason, be reasonable.
      From Vadondo.

  4. Tambaoga Shirichena

    Tinei Dodo of the Attorney General’s Civil Division has oftenly lost many cases which he filed on behalf of the State. Even those government employees who made an error at work and got Govt representation by Tinei Dodo tended to lose their cases. For example, in 2011, the Registrar General’s office in Gweru lost a Supreme Court Appeal case to one Harare based lawyer whose Gweru based spouse refused to denounce her maiden name as a precondition for their newly born baby to get a birth certificate. It must be known that a citizenship by birth is a fundamental constitutional legal right which Mutumwa Mawere was being denied by Registrar General’s office ab initio the application for a Zimbabwean Registration card in May 2013. The judgment now paves way for the entry of a new kid on the political block. I hope Mutumwa Mawere will flex his muscle and enter the Presidential race in 2013 and illuminate the elections.

  5. That is the good work we always expect from you and other judges Mr Chidyausiku.You are retoring back our confidence on you.

  6. ndokutonga naya senyaya ka uku

  7. Chinamasa hokoyo. Mutumwa is back in the country so brace for war. this guys is learned and knows more than you do. he is cleverer than you so this year you are going to be toasted by oldman.

  8. New Generation

    Tapinda tapinda maAlien acho munomama chete ende tirikutoenda kunovhota , We are Zim by birth . MUDEDE HOKOYO!!!

  9. New Generation

    Hurumende yembavha nechitsotsi bvisa, padead BC makaitaura muchiti anopenga , saka anopenga ndiani , chiibudisai ka nyaya yenyu , muchiti benziriya rahwina nyaya, mongoti favava , tuzu tuzu muchinyora nhema.

  10. Is this the same Mutumwa Mawere who was Zanu pf MP for Makonde West upto 2005.

  11. The court was obviously biased. it is general knowledge that law does not enforce the impossible. The concourt should take a seious view of these matters bcoz they affect the rights of every Zimbabwean including Themselves. We were watching as they trampled upon our rights. I’m glad recent developments have made me think they realised , tho they won’t appologise.
    Hatidi mahumbwe iwayo!

  12. New Generation

    Mutemo unoti manebha rukazi asina police id , havafanire kukuudza zvekuta once angokubata zvisina ungwaru, vakomana vhurisai dhoketi itongwe muone ndo marights atakanyora ka vose mbavha dzinotizira kuzanu zivai kuti mhosva hairove tiri kubata munhu,

  13. New Generation

    Ana mudede new constitution havaizive vanotoda kudzokera padhesk kuti vaizive, this one hatipare mhosva kuti tizo amenda , Varume pose pawafunga kuti wadzvanyirirwa bvunza isu vafana vechidiki tomira newe mukoti , TICHIBATA MUNHU, havalume ,,, kikikikikik

  14. New Generation

    Hey am happy ! MUDEDE HOKOYO, KANGAI HOKOYO, GONO HOKOYO , KASUKUWERE HOKOYO, This time ; tinomubatai collective;

Leave a Reply

Your email address will not be published.