Yin Xuntao, a
mechanical engineer with Zhigao Machinery in Harare, was arrested on August 8
this year on allegations of money laundering, exchange control violation and
firearm offences.
The following
day, a magistrate granted him bail, and he was ordered to surrender his
passport and deposit US$500 as bail.
But instead of
walking free, Yin was immediately seized by immigration officials acting under
the authority of the Home Affairs ministry and the chief immigration officer.
He has since
been kept in custody under what his lawyers describe as an “extra-judicial
warrant” — a mechanism not recognised at law.
Yin’s lawyers,
Mahuni Gidiri Law Chambers, in their suit to have him released, say this
behaviour amounts to contempt of court and deliberate subversion of Zimbabwe’s
justice system.
“The
respondents are standing as a backdoor review forum and undermining the orders
of a competent court of law,” the urgent application, filed at the High Court,
read.
Yin’s lawyers
point out that he holds a valid temporary employment permit and an investment
licence under the Zimbabwe Investment and Development Agency.
He is not a
“prohibited person” subject to deportation, meaning immigration has no lawful
basis to detain him, they said.
The
Constitution guarantees that no person — citizen or foreigner — may be detained
without trial.
Section 50
states that anyone arrested must be released or brought before a court within
48 hours.
Yin has been
locked up for nearly two months without charge, hearing or explanation, the
lawyers argued.
In 2024,
Justice Christopher Dube-Banda struck down section 8(1) of the Immigration Act,
ruling that immigration officers have no authority to detain foreign nationals
beyond 48 hours without judicial oversight.
That judgment,
which remains binding, declared such detention unconstitutional and a violation
of fundamental rights.
Yet, despite
this, the two authorities have continued to hold Yin incommunicado, refusing to
provide reasons for his detention despite repeated written requests from his
lawyers.
“Immigration
has turned itself into a shadow court, deciding who stays behind bars even
after bail is granted,” a Harare lawyer remarked.
“This is
nothing short of extra-judicial detention.” Newsday
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