Key Points
- High Court rules 14-day immigration detention unconstitutional in Zimbabwe.
- Arbitrary detention breaches constitutional rights and international agreements.
- Constitutional protections apply to all, regardless of nationality.
Zimbabwe’s High Court has ruled that holding foreigners for 14 days without taking them to court, as allowed by a section of the Immigration Act, is against the Constitution. Justice Christopher Dube-Banda said the law is invalid because the Constitution requires that anyone detained must be brought before a court within 48 hours.
The case was filed by Tatenda Chakabva, who argued that Section 8(1) of the Immigration Act violates the rights and freedoms protected by Zimbabwe’s Constitution.
Chakabva, represented by lawyers from the Zimbabwe Lawyers for Human Rights, claimed that keeping people in detention without quick court oversight harms their dignity and freedom, especially foreign nationals accused of being prohibited immigrants.
Justice Dube-Banda agreed, saying that detaining someone for too long without involving a court is arbitrary detention, which is not allowed under Zimbabwean law or international agreements the country has signed.
“Detaining someone beyond the 48-hour limit without court oversight is unlawful and violates their rights to dignity and freedom,” the judge said.
Court rejects security justification for prolonged detention
The chief immigration officer argued that Section 8(1) was needed to protect Zimbabweans from possible threats posed by illegal immigrants with unknown identities. However, the court disagreed, saying that holding people in detention without court approval goes against the values of freedom, dignity, and the rule of law in a democratic society.
Justice Dube-Banda stated, “The Constitution is the highest law in Zimbabwe. Detaining someone for 14 days without court oversight is not lawful under such a system.”
According to a report by Newsday, the court also stressed that the Constitution’s protections apply to everyone, regardless of their nationality. Justice Dube-Banda suggested that less harsh methods could achieve the same goals without breaking constitutional rights.
This important ruling reinforces Zimbabwe’s commitment to protecting human rights and upholding the rule of law. It also sets a standard for how detained individuals should be treated under immigration laws.
