The Zimbabwe Lawyers for Human Rights (ZLHR) has condemned the actions of the country’s law enforcement following the arrest of Tom Ssekamwa, a 24-year-old Ugandan citizen, and Lukas Slavia, a 37-year-old citizen of the Czech Republic, in Masvingo earlier this month.
In a statement released on Wednesday afternoon, the ZLHR condemned the arrests, describing the charges of criminal nuisance and violations of the Censorship and Entertainment Control Act as baseless.
Both Slavia and Ssekamwa were acquitted by the courts. Slavia was “escorted” out of Zimbabwe by immigration authorities from Masvingo Remand Prison to Robert Mugabe International Airport on August 24, while Ssekamwa awaits a similar outcome. Reads the statement:
<blockquote>
Zimbabwean authorities have been left abashed after a Masvingo court ended the 3-week detention of 2 tourists, who were arrested by ZRP early in August, by acquitting them of spurious charges of criminal nuisance and contravening the country’s Censorship and Entertainment Control Act.
Tom Ssekamwa, a 24-year-old Ugandan citizen, had been on trial at Masvingo Magistrates Court, after he was arrested on 1 August by ZRP officers and charged with contravening section 26(1)(a) of the Censorship and Entertainment Control Act.
During trial, which was presided over by Masvingo Magistrate Isaac Chikura, prosecutors claimed and accused the Ugandan national of unlawfully being in possession of an artificial penis, Dulex real feel 50ml tub and climax for men in his bag, an article which prosecutors said is prohibited from being possessed by anyone.
Apart from answering to charges of contravening section 26(1)(a) of the Censorship &amp; Entertainment Control Act, Ssekamwa was also charged with criminal nuisance as defined in section 46 of Criminal Law (Codification and Reform) Act.
Prosecutors alleged that the Ugandan citizen unlawfully held in his possession an artificial Dulex real feel 50ml tub ad climax for men in his bag, which are all prohibited items.
They claimed that ZRP officers, who conducted a search on Ssekamwa’s room at Backpackers Rest Budget in Masvingo recovered the alleged offensive items in his bag and stated that the tourist’s conduct was unlawful.
But on Monday 26 August 2024, Magistrate Chikura acquitted Ssekamwa after ruling that he had not committed any offence as had been alleged by ZRP officers and prosecutors.
Magistrate Chikura ruled that prosecutors had failed to follow mandatory procedures provided in the Censorship and Entertainment Control Act, which required the state to obtain a Certificate of Authority to Prosecute issued by the Prosecutor-General or the Deputy Prosecutor-General in terms of the law.
The Magistrate stated that the state should have first satisfied the requirement that there is an existence of a government gazette, which gazetted artificial penis as a prohibited item in Zimbabwe.
Earlier on, Magistrate Chikura on Friday 23 August also acquitted Lukas Slavia, a 37-year-old Czech Republic citizen, who had been on trial after he was arrested together with Ssekamwa on 1 August by ZRP officers and charged with publishing or communicating false statements prejudicial to the state as defined in section 31(a) of the Criminal Law (Codification and Reform) Act or alternatively with criminal nuisance as defined in section 46 of the Criminal Law (Codification &amp; Reform) Act.
During trial, prosecutors told Magistrate Chikura that the Czech national, recorded a video clip of some mourners while stating and lamenting water shortages and electricity outages in Masvingo province.
Prosecutors later dropped charges of publishing or communicating false statements prejudicial to the state and proceeded with his trial on criminal nuisance charges.
But Slavia, who was represented by Knowledge Mabvuure of the Zimbabwe Lawyers for Human Rights (ZLHR), was acquitted by Magistrate Chikura on 23 August, who ruled that the alleged video clip recorded by the tourist was not offensive and did not constitute a criminal act but was just a factual narration of issues obtaining on the ground.
Slavia, Magistrate Chikura ruled, did not interfere with the public, when he allegedly recorded the video clip.
On 24 August, Slavia was “escorted” out of Zimbabwe by immigration authorities from Masvingo Remand Prison to Robert Mugabe International Airport, for him to leave the country.
The same fate awaits Ssekamwa too, who on Wednesday 28 August, was being driven from Masvingo Remand Prison to Robert Mugabe International Airport, for him to leave Zimbabwe.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Zimbabwean Human Rights Lawyers are mad about the arrests of tourists from Uganda and the Czech Republic. The tourists were charged with silly offenses but were later found innocent by the court. The police did not follow the correct rules when arresting them. The tourists were claimed to have done bad things, but the court said they didn't do anything wrong. The tourists were taken out of Zimbabwe by immigration officials and were told to leave the country. Zimbabwe Lawyers for Human Rights helped the tourists in their cases.

Zimbabwean Human Rights Lawyers Condemn Arrests Of Ugandan And Czech Citizens

Lucas Slavik, a Czech tourist, was arrested on August 2, 2024, for alleged disorderly conduct. However, on Saturday afternoon, Masvingo magistrate Isaac Chikura acquitted Slavik of the charges.
Despite his acquittal, Slavik remained in custody as the Department of Immigration blocked his release.
Even the bail granted to him by the High Court in Masvingo on Wednesday was also obstructed by the immigration authorities.
Later on Saturday, the Zimbabwe Lawyers for Human Rights (ZLHR) reported that immigration authorities were “escorting” Slavik from Masvingo to Robert Mugabe International Airport, presumably to facilitate his departure from the country.
ZLHR’s executive director, Roselyn Hanzi, expressed concern that the treatment of Slavik by the Zimbabwean authorities could have far-reaching implications on the country’s perception as a safe tourism destination. She added:
<blockquote>
Whilst the Czech Republic can explore international law rules, as they have an obligation to protect their nationals under international law, this could have been avoided. States have sometimes taken each other to the International Court of Justice, when they feel that rights of their citizens have been violated.
</blockquote>
According to <a href="https://masvingomirror.com/czech-tourist-acquitted-but-will-stay-on-in-prison/">The Mirror</a>, Magistrate Chikura, in his ruling, remarked that Slavik had stated he recorded the video for which he was arrested solely to capture great memories of his time in Zimbabwe.
The magistrate further noted that Slavik did not make any false statements as alleged by the State and the State witnesses, which included senior police officers who contradicted each other during cross-examination.
Magistrate Chikura also concluded that there was no evidence from the police that Slavik had been a public nuisance.
The State had changed the charges against Slavik three times, with the last change occurring after he had been granted bail by the High Court in Masvingo.
Slavik’s lawyer, Knowledge Mabvuure of Chihambakwe Law Chambers, expressed surprise at the Immigration Department’s decision to block Slavik’s release.
The Immigration Department claimed they wanted to investigate further to see if Slavik had committed any other crimes in Zimbabwe.
The Czech Republic’s Deputy Ambassador to Zimbabwe, Michal Novak, who attended the ruling, stated that he was pleased Slavik had been acquitted, adding that his time in prison had been difficult.
The State had initially charged Slavik with disturbing the public peace by making statements in a video he recorded near the Masvingo Central Police Station.
However, the magistrate ruled that Slavik had merely recorded himself uttering the following words, which the police officers had deemed to be false:
<blockquote>
People were fighting at the Police station and Police is chasing them away. We have had 12 hours without electricity. At Backpackers Lodge where I stay there is no water. The accommodation charge is US$25-30 per day and it is not worth it. Apparently the President is supposed to come today.
</blockquote>
The magistrate said Slavik’s utterances in the video could be interpreted as an expression of opinion rather than factual information, and that his proximity to the crowd suggested he was an observer rather than an active participant, and therefore not a nuisance. Said Chikura:
<blockquote>
When the accused took the video, he was far away from the people, causing no annoyance or disturbance and the video was taken for the purposes of creating great memories for himself.
</blockquote>
Deputy Ambassador Novak said that the role of the Embassy was to observe the situation and provide consular support and assistance to a citizen from their country. Said Novak:
<blockquote>
After three weeks of him being detained, we are happy that the court ruled and acquitted him. Obviously three weeks spent in prison must have been very difficult for our national and we are glad that the proceedings resulted in his acquittal.
</blockquote>
Initially, Slavik was charged for allegedly publishing a false statement with the intention to incite the public. The charge was later changed to disorderly conduct after he was granted bail last week.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

A tourist from Czech Republic, Lucas Slavik, was arrested for disorderly conduct, but a judge said he was not guilty. Still, immigration officials won't let him go. They blocked his bail and want to investigate more. The tourist just wanted to make happy memories in Zimbabwe. The magistrate said he didn't cause any problems. The Czech Republic is glad he was acquitted. The embassy is supporting him. The situation could affect tourism in Zimbabwe.

Czech Tourist Acquitted By Magistrate But Kept In Detention By Immigration Officials

An Egyptian national was convicted of contravening Zimbabwe’s Immigration Act and fined US$200 by Harare provincial magistrate Ruth Moyo, reported <a href="https://www.newsday.co.zw/local-news/article/200027909/illegal-egyptian-immigrant-in-court">NewsDay</a>.
Prosecuting, Nomsa Kangara said on April 28, 2024, Ahmed Yehia (40) entered Zimbabwe through Joshua Nqabuko Nkomo International Airport in Bulawayo and was issued a 30-day business visa which expired on May 27, 2024.
The State proved that after the expiry of the visa, Yehia failed to regularise his stay in the country.
On May 30, 2024, officials from the Department of Immigration who were on patrol interrogated the accused person at Maruta Business Centre, Hatfield, Harare.
They asked for his passport and it was discovered that he had overstayed for three days, leading to his arrest.
Yehia now awaits deportation.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Illegal Egyptian Immigrant Fined US$200, Awaits Deportation

Home Affairs and Cultural Heritage Minister Kazembe Kazembe on Thursday officially handed over 36 brand new vehicles to the Department of Immigration.
The vehicles comprise 20 Toyota Land cruisers, 10 Ford Ranger Double Cab, and 6 Ford Ranger Single cabs.
The ceremony was also attended by the Permanent Secretary for Information, Publicity and Broadcasting Services, Nick Mangwana, police Commissioner General Tandabantu Godwin Matanga, a representative of the Minister of State for Harare Provincial Affairs, Catherine Kamumbira, and the Chief Immigration Officer, Respect Gono, among others.
Speaking at the event, which was held in Harare, Kazembe said the vehicles will give immigration officers increased mobility. He said (via <a href="https://www.herald.co.zw/major-boost-for-immigration/">The Herald</a>):
<blockquote>
The vehicles being handed over today will enable flexible mobility and timeous attendance to the call of duty by immigration officers.
</blockquote>
Kazembe also said the government will continue to improve migration services through the finalisation of an integrated Online Border Management System (OBMS). He said:
<blockquote>
The OBMS consists of features, which include biometric identification, online visa application and approval, automated border control kiosk, integration with watch lists and data analysis and reporting.
This system has a plethora of benefits such as increased efficiency, enhanced security, improved revenue collection, reduced costs and improved traveller experience.
</blockquote>
Gono thanked the Ministry of Home Affairs and Treasury for availing the vehicles which she said will improve the Department’s efficiency and effectiveness. She said:
<blockquote>
These vehicles will go a long way in improving the efficiency and effectiveness of operations by immigration officers, while the Toyota Landcruisers will play a pivotal role in our joint border patrols.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Department Of Immigration Receives 36 Brand New Vehicles

The Department of Immigration in Zimbabwe has redeployed its officers from various stations and ports of entry across the country as part of measures to curb corruption.
While the official records state that the redeployment was in line with standard operating procedures to transfer all those who have been at their stations for over five years, insiders told <a href="https://www.sundaynews.co.zw/immigration-officials-redeployed/">The Sunday News</a> that the authorities were not happy with some cases of corruption that implicated immigration officers.
According to a memo dated June 30, 2023, ten Principal Immigration Officers stationed at Victoria Falls were transferred to Robert Mugabe International Airport. These officers covered various ports of entry in Victoria Falls, including Victoria Falls border post, Kazungula border post, and Victoria Falls International Airport.
Sources at the Department of Immigration have confirmed that the transfers commenced last year, and more officers continue to receive their transfer letters. The Department of Immigration Director-General, Ms Respect Gono, confirmed the transfers but refused to give further details.
Corruption has been a long-standing issue at Zimbabwe’s ports of entry. The Department of Immigration has been one of the government agencies most affected by corruption allegations. Reports allege that some immigration officers accept bribes to facilitate the entry of undocumented immigrants or contraband goods into the country. 
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Zimbabwe Immigration Officers Redeployed To Curb Corruption

Traffic congestion at Beitbridge Border Post, which is common during the Christmas and New Year holidays, will soon be a thing of the past, a senior immigration official has said.
The Beitbridge Border Post is currently being modernised at a cost of US$300 million, with key infrastructure due for completion by November 2022.
Speaking in an interview with <a href="https://www.sundaymail.co.zw/congestion-at-beitbridge-border-will-be-history">The Sunday Mail’s</a> Tanyaradzwa Rusike, Chief Immigration Officer, Respect Gono, said the renovations will ease congestion at the border and speed up the roll-out of the one-stop border post concept between Zimbabwe and South Africa. She said:
<blockquote>
Renovation of the border post itself should be complete by November 20, 2022.
In other words, phase three, which includes the passenger terminal, will be completed by the end of this month, meaning the border will be available for full utilisation by travellers for this festive season.
However, the whole project should be completed by the end of May 2023. This includes accommodation for staff and other aspects.
Once the renovation programme is completed, we indeed expect congestion to be a thing of the past, because the border upgrades ensure separation of traffic, which results in the fast and efficient movement of people and goods.
Travellers will be pleased to know that things are continuing to get better at the border.
In that regard, we expect that the situation will further improve on completion of the pedestrian and light vehicles terminal by the end of November 2022.
Proper signage has assisted in the smooth flow of persons and processes.
An automated traffic control system, which is now in place, also ensures efficiency and orderliness.
</blockquote>
Gono revealed that from January to September 2022, they had 2 012 559 entries and 1 463 321 exits, giving a total of 3 475 880 who passed through the border this year.
She said that at peak, such as the forthcoming festive season, they are expecting to handle between 30 000 to 35 000 per day.
Gono expressed confidence that border authorities will be able to handle the huge numbers without congestion.

"Congestion At Beitbridge Border Will Soon Be History"

Two current and one Ex-immigration officer in Zimbabwe have been arrested for allegedly facilitating an illegal stay of several Chinese nationals in the country.
The Herald reports that two principal immigration officers, Blessing Chirumarara and Hopewell Chikosha, who are stationed at Robert Gabriel Mugabe International Airport were arrested together with an ex-officer Munyaradzi Mushimbo for fraudulently issuing visas to the Chinese nationals.
The fraud was reportedly unearthed by a team of immigration officers led by Principal Immigration Officer Fadzai Jayne Matarise which was conducting compliance checks.
The exercise discovered that one Mr Song Changyu allegedly acquired all his visas fraudulently at the airport after conniving with Chirumarara who he paid an undisclosed amount of kickbacks to facilitate the process.
Mr Song was arrested and he allegedly confessed during questioning that he bribed Chirumarara who was also arrested and taken to the Harare Magistrates court where she was freed on $500 bail.
Chikosha and Mushimbo were also arrested recently after they fraudulently connived to process a visa for another Chinese citizen, Chen Jiahong.
Meanwhile, the Immigration Department is reportedly still investigating the matter to establish the number of foreign nationals who fraudulently acquired visas.
More: <a href="https://www.herald.co.zw/just-in-immigration-officers-arrested/?__cf_chl_captcha_tk__=9c0f6c3013433ffacd31400da8f13aa05ea42ff2-1580992605-0-AWouSitYSkBDZI_AC7Ign9A3gSqFBboDrJn86AaoUCdb1IZ0zFVuFzLxxF--18XtrLPpxDnvPNf7RnvLYK4SP7rSMyOhkZnsDnG74KgRRILAAEsBbKbQl7HzSKTqm3Rrtnd5FIn6MqBE6spwO7y-QQhPDoikg-tZG1fPq2gnNqVdF3gI5W8vMUSE-nGOuAagTnBLEUMhHtY4W27z2ZTfTLg2uVUJmCRJW3sDeZXZyYaCH_-SiMZ-agcBsJ5eE8KaOlMeu_CadUAbpZVplKjdRI9RYiBiT86LDd19LjkoutVWQ4YSXM9SSW_OMX0x84YLW6D-dvkAMa7c1D1S-pNLUj8xyR3N_r9cqGZTOb8Crb2g">The Herald</a>

Zimbabwe Immigration Officers Arrested Over Corruption Involving Several Chinese Nationals

The Department of Immigration said that 614 arrests of foreign nationals have been affected since the start of the year for staying in the country illegally.
Newly-appointed chief immigration officer, Respect Gono, said that a total of 562 illegal immigrants have been deported from the country. She said:
<blockquote>The department carries out spontaneous and sporadic operations countrywide.
The department has strengthened stakeholder engagement with other security departments. The department publishes cases of those in breach of national migration laws to deter future offenders.
This has also resulted in citizens giving tip-offs leading to successful arrests. We have ensured offenders are prosecuted for deterrence.
To date, a total of 614 have been prosecuted, while 562 illegal immigrants have been deported from the country.</blockquote>
Gono said the Department has a code of conduct guided by the Public Service Regulations of 2000 to ensure that all officers conduct themselves properly.
She also revealed that they have a staff transfer policy in place to ensure that officers do not enjoy prolonged stays at one station.
This is done to ensure that the officers will not over familiarise themselves with clients who use respective borders, she added.
<h4>More: <a href="https://www.herald.co.zw/614-foreigners-arrested/" rel="noopener noreferrer" target="_blank">The Herald</a></h4>

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