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New
twist in passport seizure row
Legalbrief
Africa
Extracted from Legalbrief Africa Issue No. 161
December 19, 2005
http://www.legalbrief.co.za/article.php?story=20051219150725381
The Zimbabwe
Government is frantically working to introduce legislation to enable
it to withdraw passports from political opponents and critics and
thus restrict their movements.
The move comes after immigration authorities were forced to return
the passports to two people they deemed to be a 'threat to national
interests'. These included newspaper publisher Trevor Ncube and
Movement for Democratic Change party politician Paul Themba Nyathi,
writes E-Brief News. Trade unionist Raymond Majongwe also had his
passport seized and it is expected to be returned to him shortly.
The three were on a list of 64 people whose passports the government
planned to seize. ZimOnline reports President Robert Mugabe's government
last August controversially amended Zimbabwe's Constitution to give
itself powers to seize citizens' passports. But the lack of an Act
of Parliament empowering the state to exercise the powers granted
it under the Constitution saw immigration authorities this week
being forced to return the passports of the three government critics
they had seized. A senior legal officer at the government Attorney-General
(AG)'s office said it was, however, impractical that the government
could enact such legislation this year. But he would not rule out
the possibility of a decree by Mugabe to allow seizure of passports
while awaiting the required law to be passed by Parliament. Under
the Presidential Powers (Temporary Measures) Act, Mugabe is allowed
to decree laws for a limited period after which such legislation
either lapses or is endorsed by Parliament. Full
ZimOnline report
Ncube has returned to South Africa, but has not ruled out further
action by the Zimbabwe Government. Ncube, publisher of the weekly
Zimbabwe Independent and Sunday Standard as well as the Mail &
Guardian, published in South Africa, described the court's ruling
as a 'temporary victory', reports the Sunday Times. Ncube said it
was 'only a matter of time before a Bill is passed in Parliament
to legalise and empower them (Zimbabwean authorities) to legally
seize our passports'. Last Monday, Ncube brought an urgent court
application against the Zimbabwean authorities. He said Judge Chinembiri
Bhunu ruled that the authorities had erred. Full
Sunday Times report
It is understood the Attorney-General's office interceded in the
matter, telling the Registry and Immigration Departments that the
seizure of Ncube's passport could not be defended in court, chiefly
because there was no law yet allowing the government to seize passports
from citizens. Although the government amended the Constitution
to allow it to withdraw passports from citizens it deems may harm
the 'national interest' if allowed to travel abroad, it has not
yet passed an Act of Parliament stipulating specific reasons and
conditions under which passports can be impounded, according to
a ZimOnline report. Immigration officials impounded Ncube's passport
at the airport, saying his name was on a list of about 64 people
whose travel documents should be seized. Movement for Democratic
Change party politician Paul Themba Nyathi's passport was also seized
a day after Ncube's was taken.
Full
ZimOnline report
Immigration officials also confiscated the passport of outspoken
trade unionist Raymond Majongwe as he returned home from a business
trip to N igeria, reports the Financial Gazette. The Zimbabwe Congress
of Trade Unions said the government's actions were in retaliation
for travel sanctions imposed on Mugabe and his officials by several
Western countries over charges of rights abuses.
Full
Financial Gazette report
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