Mudede Challenges High Court Order To Grant Dual Citizenship To South African Citizen

Registrar General Tobaiwa Mudede is challenging a High Court order to issue South African born Brain Shaw and his daughter dual citizenship. On March 15 this year, High Court judge president George Chiweshe granted a default judgement declaring that Shaw and his daughter be granted dual citizenship. Justice Chiweshe said Shaw deserves to be issued Zimbabwean citizenship stating that he is a Zimbabwean citizen by birth because at the time of his birth his mother was a citizen of the country and ordinarily resident of Zimbabwe.

However, Mudede is challenging the order on the basis that he failed to attend the court hearing because the summons were served to the wrong person and never reached his office. He argues Shaw does not meet the requirements of Section 36(1) of the Constitution of Zimbabwe since he was not born in Zimbabwe hence he does not qualify to be a citizen by birth. However, Section 36(2) of the Constitution states that Persons born outside Zimbabwe are Zimbabwean citizens by birth if when they were born either of their parents was a Zimbabwean citizen and ordinarily resident in Zimbabwe or working outside Zimbabwe for the state or an international organisation.

More: Zimbabwe Independent