High Court Declares Immigration Act Provision Unconstitutional 

The Zimbabwe High Court has ruled that section 8(1) of the Immigration Act, which permitted immigration officers to detain foreigners suspected of crimes for up to 14 days without judicial oversight, is unconstitutional and invalid.

Ruling Highlights Human Rights Violations

On November 12, 2024, Justice Christopher Dube-Banda stated that section 8(1) violated section 50(2)(b) of the Constitution, which guarantees the right to be brought before a court within 48 hours of detention.

The ruling emphasized that this provision infringed upon fundamental human rights, including liberty, dignity, and freedom.

This case was initiated by Tatenda Chakabva, a Harare resident, with support from the Zimbabwe Lawyers for Human Rights (ZLHR).

Chakabva argued that the provision allowed for arbitrary detention, undermining constitutional rights and international treaties ratified by Zimbabwe, such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.

Legal Representation and Arguments

Chakabva was represented by lawyers Brighton Sadowero, Tinashe Chinopfukutwa, and Kelvin Kabaya.

He filed the application on May 28, 2024, seeking a declaration that section 8(1) was inconsistent with the Constitution.

He contended that it authorized immigration officers to detain suspects for up to 14 days without judicial oversight, violating the mandatory requirement to bring any arrested or detained person before a court within 48 hours.

The Chief Immigration Officer opposed the application, arguing that the provision was necessary to combat transnational crimes such as terrorism and human trafficking, justifying extended detention without judicial review.

Emphasis on Judicial Oversight

Justice Dube-Banda disagreed with this position, asserting that judicial oversight is essential to protect detainees’ rights and ensure lawful continued detention.

He stated that arbitrary detention without court oversight is unlawful and undermines the rule of law.

This ruling aligns with international and regional conventions that require prompt judicial review of detention cases.

It reaffirms that Zimbabwe’s immigration authorities cannot authorize prolonged detention without judicial review.

Next Steps

The High Court’s ruling is subject to confirmation by Zimbabwe’s Constitutional Court.

This landmark decision marks a significant step towards safeguarding human rights in Zimbabwe and ensuring adherence to constitutional provisions regarding detention practices.

Source: Pindula