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KIRSTEIN v REGISTRAR-GENERAL & ORS 2019 (3) ZLR 1275 (H)

2019 (3) ZLR p1275

Citation

2019 (3) ZLR 1275 (H)

Case No

Judgment No. HH-823-19

Court

High Court, Harare

Judge

Dube-Banda J

Heard

28 November 2019

Judgment

18 December 2019

Counsel

T R Mugabe, for the applicant
P Nyamukapa, for the first, second, third and fifth respondents
I Nyeperai, for the fourth respondent

Case Type

Constitutional application

Annotations

Flynote

Constitutional law – citizenship – citizen of Zimbabwe by birth also citizen of Britain – application for Zimbabwean passport accepted but still being processed – entered Zimbabwe using British passport – fee charged by immigration authorities – whether authorities entitled to levy such charge – whether applicant had right to urgent passport – whether Finance Minister and Reserve Bank could be ordered to supply finance to enable processing of passports

Practice and procedure – parties – action against State – State Liabilities Act – s 8 – only applies to litigant claiming money from State – not applicable where applicant not claiming money or delivery of goods – locus standi – class action – to represent public litigant must bring class action – constitutional and human rights litigation potentially having community-wide implications – approach to be taken to issue of locus standi

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