Mr Sithole, who filed the application at the Bulawayo High
Court in his personal capacity, said a number of spelling errors on the
passport, caught his attention and he attributed the mistakes to the RG’s
Office.
In papers before the court, the Registrar-General was cited
as a respondent. Mr Sithole wants an order declaring the incorrect use of IsiNdebele
language inconsistent with an equitable treatment of IsiNdebele language in
terms of section 6 (3) of the Constitution.
He wants an order directing the Registrar-General to
correct some of the words and phrases used in translating English into
IsiNdebele language in the travel documents.
Some of the phrases that he is challenging include:
“Ukuthathelwa labo ababe belayo”, which he wants substituted with “ukuthathelwa
lowo ozabe elayo.”
Mr Sithole said the words “okunga fanelanga” must be
replaced with a single word “okungafanelanga” with “we pasipoti” being
substituted with “wephasipoti.” He argued that the word “ivhiza” was not proper
and should be replaced with “iviza” and “ukuphatwa” with “ukuphathwa.”
Other words that Mr Sithole wants corrected are
“emphahleni” which he said should read “empahleni”, “kwaloko” should be
substituted with “kwalokho.” He said “isidhindo” should be substituted with
“isidindo” and “epejini” with “ephejini.”
Mr Sithole said in the event that the Registrar-General
challenges the application, he should pay the legal costs.
The Registrar-General Mr Clement Masango is on suspension
following theft charges arising from allegations of abuse of fuel coupons worth
more than $100 000 from the Central Registry. He is also facing criminal abuse
of office charges. Mr Henry Machiri is the acting Registrar-General.
In his founding affidavit, Mr Sithole said the basis of the
application was to invoke the High Court’s jurisdiction as set out in section
17 (1) (c) of the Constitution.
“I am a Zimbabwean citizen and entitled to a number of
rights and freedoms including the freedom of movement and residence as set out
in section 66 (1) (c) of the Constitution, which encompasses the right to have
a passport,” he said.
“The same Constitution in section 6 (3) (a) guarantees
every person’s right to the use of a language of one’s choice.
“I am a native speaker of IsiNdebele language, which does
not only define my culture, but millions of others in Zimbabwe.”
Mr Sithole expressed concern over the incorrect spellings
of IsiNdebele words and phrases by State institutions and agencies, saying it
reflects lack of respect for the language.
“I am very worried that a trend has developed in Zimbabwe
about a seemingly determined effort to decimate, mutilate and generally treat
with disdain my language IsiNdebele by the Registrar-General. Recently, police
did the same when social media was awash with pictures of a sign post at
Magwegwe Police Station showing Magwegwe written as Magwegewe,” he said.
Police later issued an apology to members of the public
after messages started circulating on social media showing Magwegwe written as
Magwegewe.
Mr Sithole said the glaring errors on his passport
undermine his right to have his language protected in terms of section 6 (3)
(a) of the Constitution.
“The single word ‘kayikhululi’ has been wrongly split to
appear as if there are two separate words kayi khululi. On pages 46, 47 and 48,
in paragraph two after the header of page, the IsiNdebele word ‘akuvunyelwa’
has been wrongly written ‘akuvhunyelwa,” he said.
“On pages 46, 47 and 48, in paragraph two in line two
(after the header to the page, the IsiNdebele word ‘kwalokho’ has been wrongly
written as ‘kwaloko.”
The RG is yet to respond.- Chronicle
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