The Nation
2 August 2024
By Zororai Nkomo
Human rights activists have welcomed the High Court ruling that 30 days should be reasonable time envisaged under the Immigration Act within which deportation of illegal immigrants ought to be effected.
The court held that “in the current constitutional dispensation we can’t have people detained indefinitely be it citizens or foreign nationals”.
The court has also ordered the State to provide a progress report to the court within 30 days on the steps taken to deport illegal immigrants.
The High Court has also sustained the order that children ought not to be detained in prison.
Centre for Human Rights Education, Advice and Assistance (CHREAA) executive director Victor Mhango welcomed the ruling, saying it eases congestion in prison facilities.
He said, “We are happy with the High Court’s judgment because we have seen a huge number of illegal immigrants being detained in prisons for indefinite periods of time”.
Sometimes the number of illegal immigrants is equal to the capacity of the prison itself. This puts undue pressure on the prisons, which are already overcrowded and do not have enough food to feed prisoners.”
Prominent human right lawyer and Southern Africa Litigation Centre (SALC) Criminal Justice Cluster lead Chikondi Chijozi said the judgment is progressive in protecting the rights of undocumented immigrants.
“It is commendable that the Legal Aid Bureau took up this matter, having observed that there are so many immigrants that are detained illegally in prisons. The judgment is very progressive as it urges the State to consider the options of issuance of temporary permits, release on bonds as an alternative to detention,” she said.
Legal Aid Bureau assistant director, who represented undocumented immigrants, Chimwemwe Chithope Mwale said they are happy with the court’s decision.
The application was brought by 25 immigrants who were illegally detained in Mzuzu Prison.
The undocumented immigrants were represented with support from SALC and CHREAA.
