Zimbabwe magistrates under the spotlight

Published: 7 hours ago

The Ministry of Home Affairs and Cultural Heritage and the Department of Immigration have been accused of operating a "parallel justice system" after allegedly detaining a Chinese national despite his lawful release by a court several weeks ago.

Yin Xuntao, a mechanical engineer employed by Zhigao Machinery in Harare, was arrested on August 8 on allegations of money laundering, exchange control violations, and firearm offences.

A magistrate granted him bail the following day, ordering him to surrender his passport and pay US$500. However, instead of being released, Yin was immediately taken into custody by immigration officials acting under the authority of the Home Affairs ministry and the Chief Immigration Officer.

His lawyers, Mahuni Gidiri Law Chambers, say Yin has since been unlawfully detained under an "extra-judicial warrant" - a mechanism not recognised in Zimbabwean law - in defiance of a valid court order.

"The respondents are standing as a backdoor review forum and undermining the orders of a competent court of law," the lawyers stated in an urgent High Court application seeking his release.

They further argue that Yin, who holds a valid temporary employment permit and an investment licence issued by the Zimbabwe Investment and Development Agency, is not a prohibited person and therefore cannot be lawfully detained or deported.

According to the lawyers, the prolonged detention violates Section 50 of the Constitution, which guarantees that anyone arrested must be released or brought before a court within 48 hours. Yin has now been held for nearly two months without charge, hearing, or explanation.

In 2024, Justice Christopher Dube-Banda ruled that immigration officers have no authority to detain foreign nationals beyond 48 hours without judicial oversight, declaring such detention unconstitutional. Despite that ruling, authorities have continued to hold Yin without providing any formal justification.

"Immigration has turned itself into a shadow court, deciding who stays behind bars even after bail is granted," a Harare lawyer commented. "This is nothing short of extra-judicial detention."
- Newsday

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