CLETUS CHIKWUKA ANUEYIANGU
(1) CHIEF IMMIGRATION OFFICER (2) THE CO-MINISTERS OF HOME AFFAIRS (3) THE ATTORNEY GENERAL OF ZIMBABWE
SUPREME COURT OF ZIMBABWE
CHIDYAUSIKU CJ, ZIYAMBI JA, GARWE JA,
GOWORA JA, & OMERJEE AJA
HARARE, JULY 5, 2012
L Mazonde, for the appellant
M Chimombe, for the respondents
GARWE JA: After hearing argument from counsel, we dismissed this appeal and indicated that the reasons for this decision would follow in due course. These are the reasons. The appellant, who is a Nigerian National, filed an urgent chamber application before the High Court seeking an order for his immediate release from detention at the instance of the respondents. After hearing the parties, the High Court dismissed the application with costs. Against that decision the appellant noted an appeal to this Court.
The background to this matter is as follows. The appellant, a Nigerian National residing in Zimbabwe, was arrested by immigration officials on 6 February 2012 in terms of s 8(1) of the Immigration Act [Cap 4:02] (“the Immigration Act”) which allows an immigration officer to arrest any person whom he suspects on reasonable grounds to have entered or to be in Zimbabwe in contravention of the Act and to detain such person for a period not exceeding fourteen days for purposes of making enquiries on the status of such person. Following such arrest the appellant filed an urgent chamber application with the High Court in which he challenged the legality of his arrest and sought an order for his immediate release from detention.