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This article participates on the following special index pages:
Marange, Chiadzwa and other diamond fields and the Kimberley Process - Index of articles
Maguwu
vs Co-Ministersof Home Affairs and other - CIO case judgment
High
Court of Zimbabwe
October 28, 2012
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Number:
HC 8895/2011
MAGUWU
Versus
THE CO-MINISTERS
OF HOME AFFAIRS (N.O)
and
THE CHIEF IMMIGRATION OFFICER (N.O)
and
THE MINISTER OF TRANSPORT, COMMUNICATION
AND INFRASTRUCTURAL DEVELOPMENT (N.O)
and
CIVIL AVIATION AUTHORITY OF ZIMBABWE
and
MINISTER OF STATE FOR NATIONAL SECURITY
IN THE PRESIDENT'S OFFICE (N.O)
HIGH COURT OF ZIMBABWE
MATHONSI J
HARARE, 10 October 2012 and 24 October 2012
T.S. Manjengwa, for the
applicant
O. Dodo, for the 1st, 2nd, 3rd and 5th respondent
4th respondent in default
Opposed
Application
MATHONSI J: On 12 September 2011, this court, per KUDYA J, issued
a provisional order in favour of the applicant, a human rights activist,
who had certain items of his property seized by unnamed officials
of Harare International Airport in the early hours of 10 September
2011 as he tried to board a flight enroute to a Human Rights Defenders
conference in Dublin , Republic of Ireland. The provisional order
issued by the court is in the following:-
"Terms
of the Final Order
That the respondents
show cause, if any, why a final order should not be made in the
following terms:-
1. The seizure and deprivation
of the applicant's property by the respondents be and is hereby
declared wrongful, unlawful and unjustified.
2. The respondents and
all those acting for them be and are hereby ordered to permanently
return the items seized from the applicant, namely Hp 625 laptop,
power pack, wallet, Olympus Digital camera, US$2000, Business cards
and bank cards, notebooks, laptop bag and all its contents to the
applicant or his lawful representatives.
3. The respondents be
and are hereby ordered to disclose to the applicant and his lawyer,
the court, the identities of the state security agents who unlawfully
and unjustifiably seized the applicant's items.
4. The respondents pay
the costs of this application on the legal practitioner- client
scale, the one paying the others to be absolved.
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