HARARE – A Chinese national facing a murder charge and held at Mutoko Remand Prison has filed an urgent application in the High Court, alleging he is being unlawfully detained under a “discriminatory” government policy targeting Chinese citizens, even after being granted bail.
The applicant, Quijun Yu, was granted bail of US$5,000 by the High Court on a murder charge and ordered to surrender his passport and title deeds. However, upon compliance, he was not released.
In court papers, Yu states that prison authorities informed him his release required authorisation from the Chief Director of Immigration and the Minister of State Security. He claims this was due to a “purported standing government security cluster policy that any Chinese national charged with murder should not be released from custody even where bail pending trial has been granted by the Courts.”
The application names the Chief Director of Immigration, the Minister of State Security, the Minister of Home Affairs, and the Attorney General as respondents. Yu seeks a declaration that the alleged policy is unlawful and demands his immediate release to give effect to the bail order.
Central to his case is the allegation that the Chief Director of Immigration “unilaterally” cancelled his work permit to effect the continued detention. His lawyer, Admire Rubaba, argues this action was illegal on multiple grounds.
“The law clearly provides that the decision to cancel a permit without notice is the sole preserve of the Minister Of Home Affairs,” the application reads. It contends the Chief Director “usurped” this power and failed to provide Yu with prior notice or an opportunity to make representations, rendering the cancellation “a nullity in law.”
Yu’s affidavit asserts the policy and the permit cancellation are discriminatory. “This stands in stark contrast to the treatment of other foreign nationals who, upon being granted bail, are released from custody,” he states.
He argues he is being punished as a convict while still presumed innocent.
By citing ministers, the application explicitly seeks clarification on whether such a policy against Chinese nationals officially exists.
“I have accordingly cited the… Respondents to clarify whether it is now government policy that once a Chinese national is charged… they should never be released from custody even in the face of a bail order,” Yu states.
The case has been set down for hearing at the High Court. The respondents are expected to file opposing papers.
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