On 2 September 2024, the Regional Immigration Officer in Mzuzu reported back to the High Court on the progress made regarding the ruling of the High Court of 29 July 2024, where the Court ordered the State to provide a progress report to the court within 30 days on the steps taken to deport undocumented immigrants, and further noted that 30 days should be reasonable time envisaged under the Immigration Act within which deportation of undocumented immigrants ought to be effected.
From the progress report shared by the State, all undocumented immigrants have been deported back to their country of origin, and no undocumented immigrant is in custody in Mzuzu prison. The report by the Immigration office in Mzuzu is a welcomed development as it not only upholds human rights of undocumented immigrants who have been victims of arbitrary detention, but also the rule of law. As the High Court noted, “in the current constitutional dispensation we can’t have people detained indefinitely be it citizens or foreign nationals”.
The indefinite detention of undocumented immigrants has contributed to congestion in prisons such as Mzuzu prison, and with their release from prison within the prescribed time period, this will help in decongesting prisons which are already over capacity and allow the State to act within the rules of the Immigration Act.
“This is highly commendable that the Immigration Department has fully complied with the Order of the court. It is our hope that this progress will be sustained by the Immigration Department and that migrants will no longer be detained for indefinite periods.” Stated Chikondi Chijozi, the Criminal Justice Lead at Southern Africa Litigation Centre (SALC).
“We are happy with the development because this reduces congestion in our prisons. The number of migrants was equal the capacity of Mzuzu prison and to see that now there is no single undocumented immigrant at the prison, we are thrilled. This shows that as a country we are moving the right direction in upholding human rights for law.” Explained Victor Mhango the Executive Director at Center for Human Rights Education Advice and Assistance (CHREAA).
