On 27 April 2017, I granted a final order with the consent of counsel for all the parties in the following terms:
It is ordered by Consent that:
1. The applicant to remain in occupation pending determination of the application for joinder and application for rescission to be made within three days of this order.
2. The costs be costs in the cause.
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The applicant is a resident of the City of Harare, a joint owner of stand 285 Mount Pleasant Township 11, of Lot 35 Mount Pleasant, Harare, and a registered voter for an area falling under the City of Harare. He is aggrieved by the 1st respondent’s failure to conduct elections for Councillors and the Mayor for the City of Harare, which he claims were due in August 2006. He seeks an order compelling the 1st respondent to give notice in terms of section 124 of the Electoral Act [Chapter 2:13] hereinafter called the Electoral Act, of the holding of elections...
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In this application, the applicant seeks the following relief:-
“IT IS DECLARED THAT:
1. The Applicant is a citizen of Zimbabwe by birth in terms of s 5(1) of the
Constitution of Zimbabwe.
2. The order issued in terms of s 14(1) (g) of the Immigration Act [Cap 4:
02] signed by the then Minister of Home Affairs on 16 December 2005 deeming
the applicant to be an undesirable inhabitant or visitor to Zimbabwe is unlawful
and of no force and effect.
3 The provisions of s 9(7) of the Citizenship of Zimbabwe Act [Cap 4:01]
are ultra vires the...
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