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Publisher's passport released
MISA-Zimbabwe
December 14, 2005

The government has released the passport which it seized from Trevor Ncube the chairman of Zimind Publishers after the Attorney-General’s Office declined to file an opposing affidavit against an application for its immediate release.

Sternford Moyo, Ncube’s lawyer, told MISA-Zimbabwe on 14 December 2005 that the passport had been handed to him after the AG’s Office described the seizure as unlawful.

Moyo said the AG’s office had indicated that it would not be filing an opposing affidavit following his urgent application for a High Court Order compelling the government to immediately return the passport.

"I can confirm that I am currently in possession of Trevor’s passport after the Attorney-General’s Office indicated that it would not be opposing the application because the seizure was an unlawful act," said Moyo.

Ncube filed the urgent application on 12 December 2005 arguing that the decision infringed on his basic freedoms and rights.

In his application, Moyo argued that the seizure of his client’s passport was an unlawful act, as Ncube had not been afforded the opportunity to submit representations on the matter.

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.

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

It was argued that such "grossly unreasonable administrative decisions" were frowned upon by the law and should be set aside.

The seizure of the passport also violated the 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 violated Ncube’s right to freedom of movement, freedom of expression and freedom of thought, as he had been condemned without being heard, said Moyo in his application.

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.

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.

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