The Zimbabwe High Court has declared that section 8(1) of the Immigration Act, which allowed immigration officers to detain foreigners suspected of committing crimes for up to 14 days without judicial oversight, is unconstitutional and invalid.
On November 12, 2024, Justice Christopher Dube-Banda ruled that section 8(1) violated section 50(2)(b) of the Constitution, which ensures the right to be brought before a court within 48 hours of detention. The ruling emphasized that this provision infringed upon human rights, including liberty, dignity, and freedom.
This case was brought to the court by Tatenda Chakabva, a resident of Harare, with the support of the Zimbabwe Lawyers for Human Rights (ZLHR).
Chakabva argued that the provision allowed for arbitrary detention, which undermined 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.
He was represented by lawyers Brighton Sadowero, Tinashe Chinopfukutwa, and Kelvin Kabaya.
Chakabva filed the application on May 28, 2024, seeking to have section 8(1) declared inconsistent with the Constitution.
He contended that it authorised immigration officers to detain suspects for up to 14 days without judicial oversight, violating the mandatory requirement that any arrested or detained person be brought to 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.
Justice Dube-Banda disagreed, stating that judicial oversight is essential to protect the rights of detainees and ensure that continued detention is lawful. He emphasized that arbitrary detention without court oversight is unlawful and undermines the rule of law.
This ruling aligns with international and regional conventions, which require prompt judicial review of detention, and affirms that Zimbabwe’s immigration authorities cannot authorize prolonged detention without judicial review.
The High Court’s ruling is subject to confirmation by Zimbabwe’s Constitutional Court.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

The Zimbabwe High Court said a law allowing immigration officers to hold suspects without court oversight for 14 days is wrong. The Court agreed with a man named Tatenda Chakabva that the law violates people's rights. Chakabva went to court with help from lawyers because he thinks the law allowed unfair detention. The Court said it's important for a judge to check if someone should stay in custody. They said this is also important in international rules. The ruling is not final and needs another court to confirm it. The ruling aims to protect people's rights and make sure they are treated fairly.

High Court Strikes Down Unconstitutional Provision Of Immigration Act

The Government of Zimbabwe has ordered foreigners involved in the retail trade to get proper documentation for them to operate businesses in the country.
Some foreigners operating tuckshops in Harare’s downtown area do not have shop licences and are escapees from refugee camps.
The Minister of Industry and Commerce, Sithembiso Nyoni on Monday toured the small retail shops popularly known as tukshops in Harare.
During the tower, it emerged that nationals from DRC, Pakistan and Nigeria dominate a sector wholly reserved for Zimbabweans yet most of them did not possess the required operating licences.
According to <a href="https://www.newzimbabwe.com/govt-orders-foreigners-to-get-required-documentation-to-continue-operating-businesses/">NewZimbabwe.com</a>, one of the shops visited by Nyoni is being run by a Congolese who didn’t have documentation to run a shop and was supposed to be living in a refugee camp.
Nyoni said the Government does not intend to drive foreigners out of Zimbabwe but urged them to create a good working environment. She said:
<blockquote>
Retail is a reserved sector for Zimbabweans but we are not closing foreigners out.
There is a threshold. A foreign national has a certain trading threshold but if you go below that threshold, you are breaking the laws of Zimbabwe.
We do not want to chase anyone away. I will only implement the laws l am responsible for so make sure you have the required documentation to operate business in Zimbabwe.
</blockquote>
It also emerged that in most of the tuckshops, food items were on the floor which is in violation of the Trade Act which stipulates that retailers should place products on shelves.
Meanwhile, a representative of the Tuckshops Association Chamunorwa Mukova told NewZimbabwe.com that they want the Harare City Council and the Zimbabwe Revenue Authority (ZIMRA) to reduce their charges.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Some Foreigners Operating Tuckshops Without Required Documentation

The ruling ZANU PF party has moved to ensure that foreign nationals are barred from operating businesses in the economic sub-sectors reserved for Zimbabwean citizens.
ZANU PF secretary for Indigenisation and Economic Empowerment Mike Bimha said that the issue of reserved sectors was outlined in its revised Indigenisation and Economic Empowerment Policy.
He said the reserved sectors should benefit and be owned by Zimbabwean citizens only and those already owned by foreigners should partner and empower locals. Said Bimha:
<blockquote>The reserved sectors are only for Zimbabwean citizens and not for foreigners. Local authorities must stop issuing licenses to foreigners.</blockquote>
The reserved sectors include transport (passenger buses, taxis and car hire services), retailing, wholesaling, hair salons, advertising agencies, estate agencies, grain milling, bakeries, tobacco grading and packaging and artisanal mining.
Bimha also said foreign-owned businesses in reserved sectors were only allowed where firms would fund local production.
Local authorities were supposed to ensure that this aspect of the policy was enforced, Bimha asserted.
<h4>More: <a href="https://www.herald.co.zw/foreigners-not-allowed-to-operate-in-reserved-sectors/">The Herald</a></h4>

Foreigners Not Allowed To Operate In Reserved Sectors - ZANU PF

The Zimbabwe Republic Police (ZRP) recently arrested two foreign nationals after they violently confronted police officers who were in the company of municipal police.
Posting on its Twitter handle, ZRP said the officers had visited the foreigners’ premises as they were operating without a licence. The statement reads:
<blockquote>Two foreign nationals were arrested after they violently confronted some police officers who had accompanied City Council officers to their premises, which they were operating without a licence.
Members of the public are urged to cooperate with the police while they will be discharging their lawful duties.</blockquote>
<h4>More: <a href="https://twitter.com/PoliceZimbabwe/status/1211643284860260353" rel="noopener noreferrer" target="_blank">@PoliceZimbabwe</a></h4>

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