Aussie businessman spared Zimbabwe deportation

Australian-born Kwekwe businessman Lee Waverly John heaved a sigh of relief after the High Court struck out the Immigration Department's appeal to have him deported.

The Immigration Department had sought to reverse a magistrates' court ruling nullifying its decision declaring Mr John a prohibited person under Section 21 of the Immigration Act (Chapter 4:02).

Mr John successfully appealed against the decision at the magistrate's court.

Dissatisfied with the decision, the Immigration Department and the Home Affairs Ministry, Mr John approached the High Court to challenge the decision.

Through his lawyer, Mr Tawanda Kanengoni of Nyika, Kanengoni and Partners, Mr John opposed the appeal arguing that there was no provision to challenge the decision of the magistrate court in terms of Section of 21(3) of the Immigration Act (Chapter 4:02).

It was also argued that the Immigration Department should have sought a referral of the matter relating to domicile to the Supreme Court.

After hearing arguments on the case, Justice Joseph Musakwa struck out the notice of appeal by the Immigration Department in agreement with Mr John's lawyer.

"The notice of appeal filed by the respondents . . . be and is hereby struck out," said Justice Musakwa, ordering the Immigration Department to pay the costs of the suit.

The Immigration Department challenged the magistrates' court's finding that Mr John's status as a prohibited person be set aside and his deportation declared null and void.

It was also the Immigration Department's argument that the lower court erred in finding that Mr John had acquired domicile and was therefore protected from being declared a prohibited person in terms provisions of the Act.

Mr John was last year acquitted on charges of fraudulently acquiring Kwekwe Consolidated Gold Mines (KCGM) from its undisclosed previous owners following an appeal at the High Court.

Charges against Mr John arose in 2006 when he, on several occasions between February 2006 and February 2012 at KCGM, unlawfully misrepresented to Carslone Enterprises that he was the new owner and director and failed to disclose the permanent dereliction of the mine by previous owners and directors whose whereabouts are currently unknown to the prosecutor.

KCGM owns and controls various gold-rich mines which include Chaka Plant, Globe and Phoenix.

The alleged fraudulent misrepresentation caused prejudice to Carslone Enterprises, the Registrar of Companies and Ministry of Mines and Mining Development.