Zambia: Seanyana State Advocate Mundungani Isdore CP v. Chief Immigration Office and others

Published: 27/Juin/1991
Source: Zambia High Court

SEANYANA STATE ADVOCATE MUNDUNGANI ISDORE C. P. v CHIEF IMMIGRATION OFFICER AND THE MINISTER OF HOME AFFAIRS  AND THE ATTORNEY-GENERAL (1991) S.J. (H.C.)

1989/HP/1949

In 1989 the applicant was approached by the immigration authorities regarding his nationality. He was then detained by the immigration authorities for 14 days. He was later taken to central police station for photos. Thereafter, he was told he was being deported to Zimbabwe and was driven to Chirundu Border.The applicant testified that at Chirundu, the Zimbabwean authorities refused to accept him. The applicant applied to the court seeking for an order of prohibition, certiorari and a declaration that the order of the Minister declaring the applicant a prohibited immigrant is invalid, null and void for all legal purposes.

Held:

(i)    That the applicant was a Zambian by descent;
(ii)    That the purported deprivation of his Citizenship was invalid, and void for all intents and purposes;
(iii)    That the applicant was not liable to deportation;
(iv)    That the Deportation Warrant issued by the Minister of Home Affairs was thereby quashed and of no validity at all both in law and in fact.

Download case: Seanyana v Chief Immig Officer 1991

Themes: Double Nationalité, Déportations, Perte et déchéance de la nationalité
Regions: Zambie
Year: 1991