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Congolese arrested over Zimbabwean ID documents
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The High Court has dismissed an urgent application for the release of a Congolese national, Benoit Ombeni Mupenzi, who was arrested while in possession of Zimbabwean identity particulars, citing ongoing security investigations as justification for his continued detention.
Mupenzi approached the court seeking an order declaring his detention at Harare Remand Prison unlawful, arguing that he had not been charged or informed of the reasons for his arrest. He named the Chief Immigration Officer, the Minister of Home Affairs, and the Commissioner General of the Zimbabwe Prisons and Correctional Service as respondents.
"I was detained without charge or explanation and am not aware of any offence or reason for my detention," Mupenzi stated in his affidavit. He further claimed that his arrest contravened the Constitution and the Immigration Act [Chapter 4:02], which requires authorities to furnish reasons to an individual before arrest or detention.
Mupenzi also asserted that he is a refugee from the Democratic Republic of Congo who had legally acquired a Zimbabwean national identity card, which was confiscated upon his arrest.
The Chief Immigration Officer countered that Mupenzi's identity and nationality status were under investigation by security agencies. She explained that officers from her office, in collaboration with other security agencies, detained him, noting that none of the documents in his possession verified his refugee status. She also stated that Mupenzi failed to provide satisfactory explanations during questioning.
She cited section 8(1) of the Immigration Act [Chapter 4:02], which allows for a 14-day period to ascertain an individual's identity, nationality, antecedents, and other factors. At the time of the hearing, this period had not yet expired.
High Court Judge Fatima Maxwell ruled against Mupenzi, noting that the court could not override section 8 of the Immigration Act unless it was declared unconstitutional by the Constitutional Court.
"While Mupenzi might have a genuine grievance that he was not furnished with reasons for arrest and detention forthwith, I am not persuaded that the remedy for that is his immediate release," Justice Maxwell said.
"In terms of section 6 of the Administrative Justice Act [Chapter 10:28], the proper remedy is to compel the administrative authority to furnish the reasons."
The judge dismissed the application, ruling that Mupenzi's detention was lawful under the provisions of the Immigration Act.
"For the above reasons, I dismiss the application with no order as to costs," Justice Maxwell concluded.
The case highlights ongoing tensions surrounding the status of refugees and the use of Zimbabwean identity documents by foreign nationals.
Mupenzi approached the court seeking an order declaring his detention at Harare Remand Prison unlawful, arguing that he had not been charged or informed of the reasons for his arrest. He named the Chief Immigration Officer, the Minister of Home Affairs, and the Commissioner General of the Zimbabwe Prisons and Correctional Service as respondents.
"I was detained without charge or explanation and am not aware of any offence or reason for my detention," Mupenzi stated in his affidavit. He further claimed that his arrest contravened the Constitution and the Immigration Act [Chapter 4:02], which requires authorities to furnish reasons to an individual before arrest or detention.
Mupenzi also asserted that he is a refugee from the Democratic Republic of Congo who had legally acquired a Zimbabwean national identity card, which was confiscated upon his arrest.
The Chief Immigration Officer countered that Mupenzi's identity and nationality status were under investigation by security agencies. She explained that officers from her office, in collaboration with other security agencies, detained him, noting that none of the documents in his possession verified his refugee status. She also stated that Mupenzi failed to provide satisfactory explanations during questioning.
She cited section 8(1) of the Immigration Act [Chapter 4:02], which allows for a 14-day period to ascertain an individual's identity, nationality, antecedents, and other factors. At the time of the hearing, this period had not yet expired.
High Court Judge Fatima Maxwell ruled against Mupenzi, noting that the court could not override section 8 of the Immigration Act unless it was declared unconstitutional by the Constitutional Court.
"While Mupenzi might have a genuine grievance that he was not furnished with reasons for arrest and detention forthwith, I am not persuaded that the remedy for that is his immediate release," Justice Maxwell said.
"In terms of section 6 of the Administrative Justice Act [Chapter 10:28], the proper remedy is to compel the administrative authority to furnish the reasons."
The judge dismissed the application, ruling that Mupenzi's detention was lawful under the provisions of the Immigration Act.
"For the above reasons, I dismiss the application with no order as to costs," Justice Maxwell concluded.
The case highlights ongoing tensions surrounding the status of refugees and the use of Zimbabwean identity documents by foreign nationals.
Source - Newsday
