Chinese national challenges Zimbabwe;s 'discriminatory' policy

A Chinese national being held at Mutoko Remand Prison has filed an urgent application in the High Court, claiming he is being unlawfully detained under a purported government policy targeting Chinese nationals accused of murder, despite having been granted bail.

Quijun Yu was granted US$5 000 bail by the High Court on a murder charge, with orders to surrender his passport and title deeds. However, after complying, he was not released. Prison authorities allegedly informed him that his release required authorisation from the chief director of Immigration and the State Security minister.

In his application, Quijun argues that a standing government policy purportedly prevents the release of Chinese nationals on murder charges, even where bail has been granted. He has cited the chief director of Immigration, the State Security minister, the Home Affairs minister, and the Attorney-General as respondents, seeking a declaration that the policy is unlawful and an order for his immediate release.

Quijun's lawyer, Admire Rubaya, contended that the chief director of Immigration acted illegally by unilaterally cancelling Quijun's work permit to justify his continued detention. The application states that only the Minister of Home Affairs has the authority to cancel permits and that the cancellation was done without notice or an opportunity for Quijun to make representations, rendering it null and void.

The affidavit further alleges discriminatory treatment, noting that other foreign nationals granted bail are released, while Quijun continues to be detained. He argued that he is being punished as if already convicted, despite being presumed innocent.

The High Court is yet to hear the matter, with the respondents expected to file opposing papers. Quijun is seeking clarity on whether a formal policy exists preventing the release of Chinese nationals on bail for murder charges.