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Constitutional Rights re: Movement and Residence

CC05-14 : FARAI MADZIMBAMUTO vs THE REGISTRAR GENERAL and PRINCIPAL DIRECTOR OF IMMIGRATION and MINISTER OF HOME AFFAIRS and ATTORNEY GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, PATEL JA and GUVAVA JA

THE RIGHT TO FREEDOM OF MOVEMENT The freedom of movement and residence in Zimbabwe is a right guaranteed by the Constitution to every Zimbabwean citizen and every person who is legally in Zimbabwe. It includes the right to enter and leave Zimbabwe as well as immunity from expulsion from Zimbabwe. Section 66 of the Constitution provides: “66 ...
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CC04-16 : SISTER BERRY (NEE NCUBE) and JESSE AARON BERRY vs THE CHIEF IMMIGRATION OFFICER and THE MINISTER OF HOME AFFAIRS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA AJCC

The second issue for determination, which is whether or not the respondents' refusal to grant the second applicant, a prohibited person, entry into Zimbabwe, violated the first applicant's fundamental right to freedom of movement and residence. Numerous authorities have determined that this right includes the right of a Zimbabwean citizen married to an alien spouse, to reside ...
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