Africa-Press – Zimbabwe. A CONGOLESE national, who was arrested while in possession of Zimbabwean identity particulars, had his application for release from detention dismissed by the High Court, citing security investigations for his continued detention.
The suspect, Benoit Ombeni Mupenzi, had approached the High Court on an urgent chamber basis seeking his release from detention.
Mupenzi cited chief immigration officer, Home Affairs minister and the Commissioner General of the Zimbabwe Prisons and Correctional Service as respondents, respectively.
He was seeking an order declaring the conduct of the chief immigration officer in detaining him at Harare Remand Prison without furnishing him with reasons unlawful.
Mupenzi submitted that he was detained without charge or explanation and was not aware of any offence or reason for his detention.
He further submitted that his arrest contravened the Constitution and the Immigration Act [Chapter 4:02], which mandates the furnishing of reason to the accused before arrest or detention.
Mupenzi stated that he is a refugee from the Democratic Republic of Congo who acquired a Zimbabwe national identity card.
The identity card was confiscated after his arrest, he alleged.
He submitted that there was no warrant for his detention.
The chief immigration officer, however, argued that Mupenzi’s identity and nationality status were being questioned by the country’s security agents.
The immigration officer submitted that Mupenzi was picked up by officers from her office, working in collaboration with other security agencies.
She also stated that none of the documents retrieved from Mupenzi pertained to his refugee status and that when being
questioned, he failed to give a convincing response.
She indicated that Mupenzi’s arrest and detention were in terms of section 8(1) of the Immigration Act [Chapter 4:02], adding that at the time of the hearing of the matter, the 14 days allowed for ascertaining an accused person’s identity, nationality, antecedents, and other factors had not expired.
High Court judge Justice Fatima Maxwell ruled against Mupenzi.
“Until and unless section 8 of the Immigration Act is declared unconstitutional and such declaration is confirmed by the Constitutional Court, the court’s hands are tied,” the judge ruled.
“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.
“In terms of section 6 of the Administrative Justice Act [Chapter 10:28], the relief where reasons are not furnished is to seek an order compelling the administrative authority to supply the same.”
The judge dismissed his application with costs.
“For the above reasons, I dismiss the application with no order as to costs,” Justice Maxwell ruled.
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