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Publisher files for return of passport
MISA-Zimbabwe
December 12, 2005

Trevor Ncube the chairman of Zimind Publishers has filed an urgent application for a High Court order compelling the government to return his seized passport arguing that the decision infringes on his basic freedoms and rights.

His lawyer Sternford Moyo confirmed to MISA-Zimbabwe that he had filed the application on 12 December 2005.

Moyo is arguing that the seizure of the passport is an unlawful act, as Ncube was not given a chance to make representations before the makers of the decision.

The Chief Immigration Officer Elasto Mugwadi, Registrar General Tobaiwa Mudede, and the Minister of Home Affairs Kembo Mohadi, are cited as the respondents in the matter.

In his affidavit, Moyo is arguing that such "grossly unreasonable administrative decisions" are frowned upon by the law and should be set aside.

It is further argued that the seizure of the passport violates fundamental principles of natural justice as no rational reasons were given for the decision nor was Ncube given the chance to be heard.

The decision, therefore violates Ncube’s right to freedom of movement, freedom of expression and freedom of thought as he had been condemned without being heard besides being told that he was a publisher and appeared on a list of persons whose passports should be withdrawn.

Immigration officials seized Ncube’s passport on 8 December 2005 upon his arrival in Bulawayo from South Africa where he is also the publisher of the Mail and Guardian.

The immigration official who confiscated Ncube’s passport informed him that he was one of the people on a list of 64 persons whose passports should be impounded.

The controversial Constitutional Amendment (No 17) Act empowers the government to seize the passports of citizens suspected of undermining "national interests" during their travels abroad.

According to media reports, exiled Zimbabwean media practitioners Basildon Peta, Nqobile Nyathi, Caroline Gombakomba and Geoffrey Nyarota, appear on the list of those whose passports should be impounded.

MISA-Zimbabwe Vice Chairperson Loughty Dube, condemned moves to confiscate the travel documents of journalists as reported by the media over the weekend.

Dube said the government should not violate the rights of journalists to travel abroad and report on issues.

He said journalists have an obligation to report accurately, objectively and without fear or favour in line with the principles of media freedom and freedom of expression.

"Journalists are not obliged to report glowingly about their governments but to report the truth," he said.

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