The Indian nationals, Tamas Sahidahemad Vahora, Shabbirbhai
G. Shaikh, Asif Daood Shaikh, Ashab Ibrahim Daula and Mohmediyaz Yakub Pir
arrived in the country on January 31, as tourists on holiday visas.
Home Affairs minister Kazembe Kazembe, Chief Immigration
Officer and Zimbabwe Prisons and Correctional Services Commissioner General
Moses Chihobvu were cited as respondents in the application.
According to court documents, the applicants were arrested
for contravening the Immigration Act by filing a false declaration after they
were found staying at a lodge different to the one on the declaration form.
They appeared at the Harare Magistrates Courts where they
were granted $20 000 bail. They were ordered to surrender their passports and
to continue staying at the lodge from where they were picked up by the police.
“It would appear that the second respondent has invoked the
Warrant for Further Detention erroneously as it is meant for prohibited
immigrants. Applicants are not prohibited, immigrants. The continued detention
of the applicants is wrong and unlawful and would need the urgent intervention
of this honourable court,” the application read.
In his founding affidavit written on behalf of the four
other Indians, Tamas Sahidahemad Vahora said they settled for another residence
in the country after it emerged that they had been duped by their Indian agent
who had lied that he had secured a place to stay for them.
“We had, through an Indian agent who had organised the
holiday for us, decided to stay at a certain place whose details we can no
longer recall. I do not have the paper with the details, they are currently in
the possession of prison authorities and I have no access to them,” Vahora
said.
“We waited for almost 4 hours trying to get hold of the
agent. When it became clear that the agent had duped us, we decided to look for
alternative accommodation. We asked around and we were recommended to a lodge
in a neighbourhood said to be used by people of Indian origin. We then
proceeded to Rest Guest House which is at number 90 Elmont Road, Belvedere,
Harare where we managed to secure accommodation.”
The Indians are represented by Munyaradzi Magaya of Maseko
Law Chambers. Newsday
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