Source: Detained Chinese national challenges ‘discriminatory’ policy -Newsday Zimbabwe
A CHINESE national held at Mutoko Remand Prison has filed an urgent High Court application alleging he is being unlawfully detained under a “discriminatory” government policy targeting nationals of his country accused of murder, even after being granted bail.
The applicant, Quijun Yu, was granted US$5 000 bail 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, Quijun said prison authorities informed him his release required authorisation from the chief director of Immigration and State Security minister.
He claims this was due to a “purported standing government security 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”.
In the application, he cited chief director of Immigration, the State Security minister, the Home Affairs minister and the Attorney-General as respondents.
Quijun seeks a declaration that the alleged policy is unlawful and demands his immediate release to give effect to the bail order.
The Chinese national accused the chief director of Immigration of “unilaterally” cancelling his work permit to effect the continued detention.
His lawyer, Admire Rubaya, argued that that action is 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 read.
It contends that the chief director “usurped” that power and failed to provide Quijun with prior notice or an opportunity to make representations, rendering the cancellation “a nullity in law”.
Quijun’s affidavit indicated that 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 said.
Quijun argued that he is being punished as if convicted while still presumed innocent.
The application sought 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,” Quijun said.
The case has been set down for hearing at the High Court.
The respondents are expected to file opposing papers.
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