Staff Reporter

The Constitutional Court of Zimbabwe has ruled in favour of the Department of Immigration, setting aside a High Court decision that had declared Section 8(1) of the Immigration Act inconsistent with the Constitution.

The ruling, delivered on February 5, 2025, confirms the legality of detaining suspected prohibited immigrants for up to 14 days, as prescribed under the Immigration Act (Chapter 4:02).

The Constitutional Court’s decision overturns a November 12, 2024, High Court judgment in the case of Tatenda Chakabva vs The Minister of Justice, Legal and Parliamentary Affairs and Others, which had deemed the provision unconstitutional.

In a statement yesterday, the Department of Immigration urged the public to dismiss any claims suggesting that Section 8(1) of the Immigration Act was invalid.
“The public is advised to ignore as misleading, any reports suggesting that Section 8(1) of the Immigration Act is invalid,” the statement read.

The department emphasised that the provision grants immigration authorities the power to detain suspected prohibited immigrants for up to 14 days while verifying their identity, background, and legal status.

The High Court had previously ruled that the section conflicted with Section 50(2)(b) of the Zimbabwean Constitution, which limits detention without court review to 48 hours.

However, under Section 175(1) of the Constitution, any ruling on the constitutional invalidity of a law must be confirmed by the Constitutional Court before it takes effect.

Following the High Court ruling, the case was referred to the Constitutional Court under case number CCZ 57/24 for final determination.

On February 5, the Constitutional Court found that the High Court’s decision was incorrect.

“The decision by the High Court declaring Section 8(1) of the Immigration Act to be constitutionally invalid was not correct,” stated the court, ultimately upholding Government’s authority to detain individuals under the Act.

Legal experts have noted that the ruling reinforces the state’s ability to regulate immigration and maintain national security.

However, human rights activists continue to express concerns over prolonged detentions without judicial oversight.

With the Constitutional Court’s ruling, Section 8(1) remains fully operational, reaffirming the Government’s stance on immigration enforcement.

Furthermore, the Department of Immigration maintains that the law serves a critical function in verifying the legal status of individuals within the country.