The application is allowed with costs to be paid by the second respondent, save for such costs as were occasioned in the preparation of pp 27-46 (inclusive) in the affidavit of Edith May Caules. Harnessing Zimbabwe's local and global brain-trust to deliver accelerated and sustainable growth. Where a foreign husband applies to come and settle here, a residence permit may only be issued if he fulfils one of the following requirements: (a)possesses a skill considered to be in a critical skills shortage area; (b)invests substantial capital in a project approved by the Zimbabwe Investment Centre. EX-OFFICIO COMMISSIONERS OF OATHS FOR PARTICULAR DISTRICTS IN ZIMBABWE. The paperwork has been done and posted to Harare headquarters for final processing. Assistant Chief Statistics Extension Officer National Bureau of Statistics South Africa ... Research and Planning Officer Department of Immigration Zimbabwe Mr. Aluwisio MUKAVHI It gives rise to a physical, moral and spiritual community of life - a consortium omnis vitae. I must also mention the judgment of the European Commission of Human Rights in European Commission of Human Rights Application No 9773/82 v United Kingdom (1983) 5 EHRR 296, for reliance was placed upon it by the respondents' counsel. Subsection (1) of s 22 mandates that 'no person shall be deprived of his freedom of movement'. Alluded to was the statement that 'a right to marry and found a family does not, in principle, include the right to choose the geographical location of the marriage'. Taken in conjunction with s 22(1) and interpreting the whole generously and purposively so as to eschew the 'austerity of tabulated legalism', I reach the conclusion that to prohibit the husbands from residing in Zimbabwe and so disable them from living with their wives in the country of which they are citizens and to which they owe allegiance, is in effect to undermine and devalue the protection of freedom of movement accorded to each of the wives as a member of a family unit. He was denied a permit to work or reside in Zimbabwe as, in the opinion of the immigration authorities, he has no scarce skill to offer. He is presently in the country on an extended visitor's permit and lives with the second applicant in a house in Bulawayo. In In re Munhumeso and Others (SC 221/93)/*[1] this Court was of the view that the upgraded status of the provision from a preamble in each of the four earlier Constitutions to a numbered section signified that it is to be regarded as conferring substantive rights on the individual, and not merely a guide to the intention of the framers in enacting chap III. A V M Chikumira (with him F M Zenda) for the respondents. (T)he overriding principle must be an adherence to the general picture presented by the Constitution into which each individual provision must fit in order to maintain in essential details the picture which the framers could have painted had they been faced with circumstances of today. ), Marriage is a juristic act sui generis. In the present context ss (3)(d) and (4) are significant only to the extent that they underscore the importance placed by the Constitution, which is the supreme law of Zimbabwe, upon the protection of the right of a citizen to freedom of movement in the manner that phrase is particularised. Whether the existence and application of immigration laws affecting the residence of a family member is compatible with the Covenant depends on whether such interference is either "arbitrary or unlawful" as stated in art 17(1), or conflicts in any other way with the State party's obligations under the Covenant. When completed this form should be dispatched by Air Mail to THE CHIEF IMMIGRATION OFFICER, PRIVATE BAG 7717, CAUSEWAY, ZIMBABWE/NEAREST IMMIGRATION OFFICE/ZIMBABWE She married Steven James Butler-Rees on 4 January 1992. The Court affirmed the dictum in its judgment in In re Munhumeso and Others 1995 (1) SA 551 (ZS) at 556A/B-C that the upgraded status of the provisions of s 11 of the Constitution of Zimbabwe from a preamble in each of the four earlier Constitutions to a numbered section, signified that it is to be regarded as conferring substantive rights on the individual, and not merely a guide to the intention of the framers in enacting chap III of the Constitution. An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. Downloads. Conjugal love embraces three components: (i) eros (passion); (ii) philia (companionship); and (iii) agape (self-giving brotherly love). Although the condition of matrimony does not, as a concept of law, make the spouses one flesh - una carc, - it nonetheless embodies the obligations to found a home, to cohabit, to have children and to live together as a family unit. It is here that the applicant's parents and siblings reside. Both are anxious to return and set up their matrimonial home in Zimbabwe. Immigration officer. It comprises The President, His Excellency Cde Emmerson Dambudzo Mnangagwa, Honourable Vice Presidents, Cabinet and Ministers of State. Secrecy to be observed. She married John David Rattigan, at Harare, on 18 January 1992. This Court has on several occasions in the past pronounced upon the proper approach to constitutional construction embodying fundamental rights and protections. The facts appear from the judgment of Gubbay CJ. The President also appointed Mrs Respect Gono as the new chief immigration officer. ZIMBABWE. In the context of the particular facts of that case the observation was probably justifiable, for the applicant was seeking to establish a new relationship by marrying a foreign woman whom he had never actually met, who had been refused entry into the United Kingdom and, if admitted, would be dependent, in all probability, on public funds. Constitutional law - Human rights - Fundamental rights in terms of chap Ill of Constitution of Zimbabwe - Ambit of Section II 'the key or umbrella provision' under which all rights and freedoms must be subsumed - Provisions of s 11 encapsulating in general terms sum total of individual's rights and freedoms, which may be expanded upon in ensuing ss 12-23 in Declaration of Rights. Cashel. (a)life, liberty, security of the person and the protection of the law; (b)freedom of conscience, of expression and of assembly and association; and. EX-OFFICIO COMMISSIONERS OF OATHS FOR PARTICULAR DISTRICTS IN ZIMBABWE. requirements of the Immigration Act [Chapter 4:02], 1996. It obliges the husband and wife to live together for life (more realistically, for as long as the marriage endures) and to confer sexual privileges exclusively upon each other. . Although the condition of matrimony does not, as a concept of law, make the spouses one flesh - una caro - it none the less embodies the obligations to found a home, to cohabit, to have children and to live together as a family unit. Marriages are almost invariably entered into by parties who have deep affection for one another and who intend to devote the remainder of their lives together. He was taken to central police station for photos. Assistant Regional Immigration Officer +263 (0) 712 321 214. They have no children. To the contrary, the husbands share the desire of the wives that the matrimonial abode be located in Zimbabwe. A retired Assistant Comptroller-General of Immigration, Abdulahi Rakieu, and three others have been abducted in the Tungan Maje area of Gwagwalada, Federal Capital Territory. On 4 December 1993 an interdict was granted by the High Court, prohibiting the deportation of Mr Caules pending the determination of this application. Last Updated: Wednesday, 24 February 2021, 17:14 GMT, 1951 Convention Relating to the Status of Refugees, 1967 Protocol Relating to the Status of Refugees, 1954 Convention Relating to the Status of Stateless Persons, 1961 Convention on the Reduction of Statelessness. If the exclusion is the result of a determination of the child's citizenship which is wrong, surely this would amount to an interference with, and therefore an infringement of, the mother's freedom of movement. July 23, 2020. (At 186E/F-F/G, G-G/H.). It's better to get visas and work permits yourself. 12 of 2003). Telephone: 263: - 4- 791913/8 Countrywide Contacts: STATION. It is in the light of the institution of marriage as I have ventured to portray it that the claim by the wives to an infringement of their fundamental right to freedom of movement has to be adjudged. (c)be retired with sufficient financial means to sustain himself and family without resort to public funds during his stay in the country. October 8, 2020. He was initially allowed entry on a visitor's permit but subsequently was granted a two-year residence permit. On 23/12/89 he was told he was being deported to Zimbabwe … None of the husbands concerned could meet the basic requirements for issuance of residence permits at the time of application.'. The statutes in question have rendered it uncertain for the families concerned whether and for how long it will be possible for them to continue their family life by residing together in Mauritius.'. She wouldn't see them for five years, when she was finally able to come to Canada, too. On 2 June 1994, Mr. Salem applied to the first respondent, the Chief Immigration Officer, for the issue of a residence permit. UNHCR is not responsible for, nor does it necessarily endorse, its content. CHIDYAUSIKU CJ, ZIYAMBI JA, GARWE JA, GOWORA JA, & OMERJEE AJA. M Chimombe, for the respondents If you are interested to start business in Swaziland, first you need to incorporate a company in Swaziland and for immigration considerations, there is a need to submit work/residence entry Permit application to the Ministry of Home Affairs, Swaziland. Hayes v Baldachin & Ors (2) 1980 ZLR 422 at 427(S); 1981 (1) SA 749 (ZS) Zimbabwe is a beautiful country in Southern Africa that is known for its dramatic landscapes, its diverse wildlife and its hardworking people. Copyright © 2015 GISP, All rights reserved. Bizos JA, the third member of the majority of the Court, at 684e, stressed the strength of the bond between a mother and her children as the determinative factor. The duties of cohabitation, loyalty, fidelity and mutual assistance and support flow from the marital relationship. OFFICER IN CHARGE. It was stated at 293-4: 'The Committee takes the view that the common residence of husband and wife has to be considered as the normal behaviour of a family. 54. Embodied in such protection are: (i) the right, to move freely throughout Zimbabwe; (ii) the right to reside in any part of Zimbabwe; (iii) the right to enter and leave Zimbabwe; and (iv) immunity from expulsion from Zimbabwe. Zimbabwe has re-opened its side of the Beitbridge Border Post but to only allow Zimbabwean ... assistant regional immigration officer in charge of Beitbridge ... the chief ⦠Thus under s 11 every person in Zimbabwe is guaranteed, inter alia, the right to life, liberty, security of the person and the protection of the law, and protection for the privacy of his home, subject to their enjoyment and exercise not prejudicing the rights and freedoms of others or the public interest. Rattigan and Others v. Chief Immigration Officer and Others. In the present cases, not only the future possibility of deportation, but the existing precarious residence situation of foreign husbands in Mauritius represents, in the opinion of the Committee, an interference by the authorities of the State party with the family life of the Mauritian wives and their husbands. OUR VISION. Multiple-entry visas valid for 12 months are also available for $160. The duties of cohabitation, loyalty, fidelity and mutual assistance and support flow from the marital relationship. Beitbridge. Embodied in such protection are: (i) the right to move freely throughout Zimbabwe; (ii) the right to reside in any part of Zimbabwe; (iii) the right to enter and leave Zimbabwe; and (iv) immunity from expulsion from Zimbabwe. FROM the pre-colonial annals of history to present day Zimbabwe, almost every indigenous clan or group of the Shona peoples were obliged... Lewis Ngara on fire. Hama v National Railways of Zimbabwe 1996 (1) ZLR 664 (S) Hamata & Ors v Chairperson, Peninsula Technikon Internal Disciplinary Committee & Ors 2002 (5) SA 449 (SCA) Hambly v Chief Immigration Officer 1995 (2) ZLR 264 (H) Haruperi & Ors v Minister of Home Affairs HH-258-84. In strictness, though formed by contract, it signifies the relation of husband and wife, deriving both its rights and duties from a source higher than any contract of which the parties are capable, and as to these uncontrollable by any contract which they can make. (At 188B-D.) Marriages are almost invariably entered into by parties who have deep affection for one another and who intend to devote the remainder of their lives together. " immigration consultant " means a person, other than a legal practitioner, who for remuneration and by trade, represents or acts on behalf of other persons in respect of any of the procedures or activities under this Act;" immigration officer " means a person appointed as an immigration officer … It is the most fundamental institution known to mankind -'the first step from barbarism' and 'the true basis of human progress'. Chief Immigration Officer vs Tolmay (SCZ 9 of 2011) [2011] ZMSC 11 (11 April 2011) (10 April 2011); ... Immigration and Deportation Act, cap 123, s. 26(2). Vision. In 1989 he was approached by the immigration authorities regarding his nationality. A P de Bourbon SC (with him B Greenland) for the applicants. It obliges the husband and wife to live together for life (more realistically, for as long as the marriage endures) and to confer sexual privileges exclusively upon each other. The third applicant, Edith May Caules, née Stroud, was born in Bulawayo on 17 May 1942, and is a citizen of Zimbabwe. Freeman Razemba Senior Reporter President Mnangagwa has, with immediate effect, appointed Mr Martin Rushwaya as Deputy Chief Secretary for Administration and Finance, while Ambassador Mark Grey Marongwe is the new Secretary for Defence and War Veterans Affairs. Chief Immigration Officer. When Fadzaiishe Ziramba was three, her parents left Zimbabwe for Canada. The further derogations specified in ss (3) fall outside the issue debated, in particular para (d) only permits the imposition of restrictions on the movement or residence within Zimbabwe, or the exclusion or expulsion from Zimbabwe, of persons who are neither citizens of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe. A retired Assistant Comptroller-General of Immigration, Abdulahi Rakieu, and three others have been abducted in the Tungan Maje area of Gwagwalada, Federal Capital Territory. Harare – Today, the International Organization for Migration (IOM), is joining the United Nations (UN) family and the whole world in celebrating the International Women’s Day.The day which is being commemorated under the theme “Think equal, build smart, innovate for change” recognizes women achievements from political … It gives rise to a physical, moral and spiritual community of life - a consortium omnis vitae. Home to the Great Zimbabwe Monument, the mighty Victoria Falls and the majestic Eastern Highlands, the country also boasts of world class national parks in which a variety of animals, including the Big Five, can be found. Americans intending to reside or work in Zimbabwe must obtain prior approval by the Zimbabwean Chief Immigration Officer. part ii. The first applicant, Devagi Rattigan, née Naidoo, was born in Bulawayo on 25 July 1960, and is a citizen of Zimbabwe. PRESIDENT Mugabe has appointed Mr Clemence Masango as the new Principal Chief Immigration Officer, replacing Mr Elasto Mugwadi, who has retired. It reads: 'Whereas every person in Zimbabwe is entitled to the fundamental rights and freedoms of the individual, that is to say, the right whatever his race, tribe, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely. Subsection (1) of s 22 of the Constitution of Zimbabwe mandates that 'no person shall be deprived of his freedom of movement'. Rattigan and Others v The Chief Immigration Officer and Others (Supreme Court of Zimbabwe, 13 June 1994) See, too, Hunter et al v Southam Inc (1984) 9 CRR 355 (SCC) at 364 and Government of the Republic of Namibia and Another v Cultura 2000 and Another 1994 (1) SA 407 (NmS) at 418F-G. See Minister of Home Affairs and Others v Dabengwa and Another 1982 (4) SA 301 (ZS) at 306E-H (1982 (1) ZLR 236 (SC) at 243G-244A); Bull v Minister of Home Affairs 1986 (3) SA 870 (ZH and ZS) at 880J-881D (1986 (1) ZLR 202 (SC) at 210E-21 IC); Nkomo and Another v Attorney-General, Zimbabwe, and Others 1994 (3) SA 34 (ZS) (1994 (1) SACR 302) at 41B-C (SA) and 309e-f (SACR). (At 191A/B-C.). Blantyre – Immigration HQ PO Box No-331, Blantyre, Malawi Phone No- (+265)-01832565: Lilongwe- Immigration office-Lilongwe PO Box No-1272, Lilongwe, Malawi To live together as spouses in community of life, to afford each other marital privileges and to be ever faithful, are the inherent commands which lie at the very heart of marriage. The predicament of each wife has not been caused by the decision of the husband, as head of the family, to establish the common household in a country other than Zimbabwe. It is alleged that Zhang failed to leave Zimbabwe or to inform the Chief Immigration Officer about the expired certificate and intention renew it as provided to by the law. ), The Court accordingly declared that the right of the applicants under s 22(l) of the Constitution of Zimbabwe to freedom of movement, ie the right to move freely throughout Zimbabwe, the right to reside in any part of Zimbabwe and the right to enter and to leave Zimbabwe, had been contravened by the decision of the first respondent not to permit their alien husbands to reside with them in Zimbabwe. Immigration is the movement of people into another country or region to which they are not native in order to settle there, especially as permanent residents or future citizens. What she says is that it is her freedom which has been circumscribed by the disabilities placed on her children.'. All relevant provisions are to be considered as a whole and, where rights and freedoms are conferred on persons, derogations therefrom, as far as the language permits, should be narrowly or strictly construed. In essence, the freedom of movement of the wives is determined by what happens to their husbands, for in order to secure and maintain the marital relationship they would have to accompany them. Immigration Department Long and Thames Streets, St. Johnâs, Antigua Tel: (268)-562-1387, 562-1389 Fax Local: (268)-562-1388 Fax Overseas: (268)-562-1388 Email: [email protected] Visa Services HARARE, JULY 5, 2012 L Mazonde, for the appellant. He has been transferred to Harare Remand Prison awaiting deportation. ... Zimbabwe and who visits or travels to any part of Zimbabwe for the purpose of ... immigration or employment remunerated from within Zimbabwe; He too was denied a permit to work or reside in Zimbabwe as he possessed no scarce skill. Zimbabwe Citizenship Act came into force on 31st December 1984 and was amended on 6th July, 2001 and 2003 (Citizenship of Zimbabwe Amendment Act No. Harnessing Zimbabwe's local and global brain-trust to deliver accelerated and sustainable growth. Under ss (2) any restriction on the person's freedom of movement that is involved in his lawful detention shall not be held to be a contravention of ss (1). Amissah JP at 659g-h summed up Mrs Dow's answer to this submission in these words: 'The case which I understand the respondent to make is that due to the disabilities under which her children were likely to be placed in her own country of birth by the provisions of the Citizenship Act 1984, her own freedom of movement protected by s 14 of the Constitution [the equivalent to s 22 of the Constitution of Zimbabwe] was correspondingly likely to be infringed and that gave her the right under s 18(1) to come to Court to test the validity of the Act. 16. That chapter comprises ss 11-26 (not ss 12-26) and it is in relation to an alleged contravention or likely contravention of the Declaration of Rights as so defined that s 24(l) gives the right to any person to apply to the Supreme Court for redress. A warm welcome to the official website of the Zimbabwe Department of Immigration..This website provides you with general and specific information on the Department's policies, programmes, regulations and procedures applied in the processing of various immigration permits and visas.We hope and trust that you will find this information valuable. What is to be avoided is the imparting of a narrow, artificial, rigid and pedantic interpretation; to be preferred is one which serves the interest of the Constitution and best carries out its objects and promotes its purpose. It was there argued by the Attorney-General that Mrs Dow had no locus standi to have brought the application in the Court a quo since at issue was the right of her two young children to citizenship of their birth, their father being an alien. Be careful using local migration agents. Applicants are female citizens of Zimbabwe married to alien husbands. Police officer Commanding Beitbridge, Chief Superintendent Tichaona Nyongo, and the assistant regional immigration officer-in-charge of Beitbridge, Mr Nqobile Ncube, could not be reached for comment. Subsection (4), as read with ss (3)(a), provides that, although in the interests of defence, public safety, public order, public morality or public health, it is lawful to restrict the freedom of movement of persons, such right is not to be construed as authorising a law preventing a citizen from leaving Zimbabwe or excluding or expelling him from the country. He was born on 8 August 1928, in Dublin, Ireland, and is a citizen of that country. the chief immigration officer (2) the minister of home affairs constitutional court of zimbabwe. Both desire to establish a fixed abode in Zimbabwe. The Chief of Immigration may, on application of any person who has complied with all the relevant requirements of the Immigration Act 1993, issue such persons with Student's Permit. To hold otherwise would be to stultify the living Constitution in its growth. See T v T 1968 (3) SA 554 (R) at 555E (1968 (2) RLR 178 (GD)) at 180G-H. Considerable argument was addressed by counsel as to whether s 11 in the Declaration of Rights, which forms chap III of the Constitution, is a mere preamble to the other sections which follow or a substantive provision. the Chief Immigration Officer. Request Resource. Gubbay CJ: Before judgment was handed down in the lower court, one of the three sitting judges resigned. Marriage is a juristic act sui generis. In 1989 he was approached by the immigration authorities regarding his nationality. McNally JA, Korsah JA, Ebrahim JA and Muchechetere JA concurred. Their right of freedom of movement in any of its aspects has not been removed from them or indeed infringed. 24 October 2012 11:21 The Director General for the department of immigration Anderson Phiri has been fired. Rattigan and Others v. Chief Immigration Officer and Others - Unite for Reproductive Rights. Sha Sha the star. 8 Evidence by person seeking to enter Zimbabwe (1) A person referred to in subsection (2) shall produce to an Immigration Officer evidence that— (a) he is on a temporary visit to Zimbabwe for a stated period, including evidence, if the Immigration Officer so requires, that— THE MINISTER OF HOME AFFAIRS. Decisions concerning art 17 of the International Covenant on Civil and Political Rights, and art 8(l) of the European Convention on Human Rights, both provisions of which afford protection against interference with family life, lay emphasis upon the importance of preserving well-established family ties. This may cause inconvenience but no more. But so far as establishing the matrimonial home in Zimbabwe is concerned they must decide either to exercise their constitutional right to reside in Zimbabwe without their husbands or accompany them to the countries of their citizenship and live together there. Chief Immigration Officer and Others (June 1994) Devagi Rattigan and Others v. Chief Immigration Officer and Others was a case centered upon whether an immigration law that refused permanent residence to Zimbabwean citizens' alien husbands violated those particular citizen's right to the freedom of movement in Zimbabwe's Constitution. Conjugal love embraces three components: (i) eros (passion); (ii) philia (companionship); and (iii) agape (self-giving brotherly love). Levies. Applicants' Legal Practitioners: Scanlen & Holderness. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. THE CHIEF IMMIGRATION OFFICER. Assistant Regional Immigration Officer +263 â 04 â 333734. It seems to me that a stultification of the Constitution must be prevented if this is possible without doing extreme violence to the language of the Constitution. The Chief of Immigration may, on application of any person who has complied with all the relevant requirements of the Immigration Act 1993, issue such persons with Student's Permit. The Agency will also be supported by the necessary corporate governance strutures. His application for a permanent residence permit was refused on 24 August 1993, on the ground that he has absolutely nothing to offer the country.
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