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BERRY (NEE NCUBE) & ANOR v CHIEF IMMIGRATION OFFICER & ANOR 2016 (1) ZLR 38 (CC)

2016 (1) ZLR p38

Citation

2016 (1) ZLR 38 (CC)

Case No

Judgment No. CCZ-4-16

Court

Constitutional Court, Harare

Judge

Chidyausiku CJ, Malaba DCJ, Ziyambi, Gwaunza, Gowora, Hlatshwayo, Patel and Guvava JJCC and Mavangira AJCC

Heard

18 February 2015

Judgment

15 June 2016

Counsel

L Madhuku, for the applicants
O Zvedi, for the respondents

Case Type

Opposed application

Annotations

Flynote

Constitutional law – freedom of movement – application in terms of section 85 (1) of the Constitution of Zimbabwe, 2013 – freedom of movement protected by section 66 – whether Zimbabwean citizen's freedom of movement infringed by refusal to grant foreign spouse residence in Zimbabwe.

Constitutional law – Immigration Act [Chapter 4:02] – prohibited immigrant – whether status of prohibited immigrant is altered by citizen spouse's right to freedom of movement under section 66 of the Constitution of Zimbabwe, 2013.

Constitutional law – interpretation – doctrines of "ripeness" and constitutional "avoidance" – meaning of.

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