A ZIMBABWE-BORN South African citizen has petitioned the Zimbabwean immigration authorities protesting her treatment as a visitor to the country.
Tyra Chante Naidoo, a holder of a Zimbabwean birth certificate and national identity card, wrote to the principal director of immigration raising concerns over her treatment.
Naidoo is represented by Zimbabwe Lawyers for Human Rights member Prisca Dube.
Her recent visitor’s permit expired on June 19, 2024.
“Our client was born in Zimbabwe on June 15, 1996 at Mbuya Nehanda Maternity Hospital in Harare. Her mother was a Zimbabwean citizen, she was born in Zimbabwe,” the letter read.
“Our client holds a Zimbabwean birth certificate and national identity card marked CIT for citizens.
“As such, she satisfies the requirements of citizenship by birth in terms of section 36 of the Constitution.
“Our client’s parents had attempted to obtain a Zimbabwean passport for her when she was younger, but their efforts were futile.”
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She later obtained South African citizenship on December 19, 2005.
The lawyers said by virtue of being a Zimbabwean citizen by birth, she was entitled in terms of section 66 of the Constitution of Zimbabwe to immunity from deportation from Zimbabwe and the right to a passport and other travel documents.
“We have further instructions to seek recourse through the courts should we not have a response from your office in that period,” her lawyers said.
“In the event that we are forced to approach the courts, we will be seeking costs at a punitive scale as the legal proceedings can be avoided on a matter that presents facts on the basis of which the courts of Zimbabwe have passed judgements already.”
The ZLHR on August 21 wrote to the head of legal and compliance in the Department of Immigration at the headquarters in Harare.
On Thursday, her lawyer said the matter was still being pursued.
Indications were that the immigration authorities are yet to respond to the communications sent.
