Tyra Chante Naidoo, a Zimbabwe-born South African citizen, has petitioned Zimbabwean immigration authorities over her treatment as a visitor to the country.
Naidoo, who holds a Zimbabwean birth certificate and national identity card, wrote to the principal director of immigration to protest the way she was treated. Her visitor’s permit expired on June 19, 2024.
She is being represented by Prisca Dube, a member of Zimbabwe Lawyers for Human Rights (ZLHR). The letter, which was seen by Southern Eye, reads:
Our client was born in Zimbabwe on June 15, 1996, at Mbuya Nehanda Maternity Hospital in Harare. Her mother was a Zimbabwean citizen, she was born in Zimbabwe.
Our client holds a Zimbabwean birth certificate and national identity card marked CIT for citizens.
As such, she satisfies the requirements of citizenship by birth in terms of section 36 of the Constitution.
Our client’s parents had attempted to obtain a Zimbabwean passport for her when she was younger, but their efforts were futile.
She later obtained South African citizenship on December 19, 2005.
The lawyers argued that, as a Zimbabwean citizen by birth, Naidoo is entitled to immunity from deportation and the right to a passport and other travel documents, as outlined in Section 66 of the Constitution of Zimbabwe. Reads the letter:
We have further instructions to seek recourse through the courts should we not have a response from your office… In the event that we are forced to approach the courts, we will be seeking costs at a punitive scale as the legal proceedings can be avoided on a matter that presents facts on the basis of which the courts of Zimbabwe have passed judgements already.
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