Ncube's lawyers file challenge over passport seizure

Ncube's lawyers file challenge over passport seizure

• Zimbabwe seizes opposition spokesman's passport

• Zimbabwe seizes journalist's passport

• Mugabe targets 15 critics for travel ban

• Zim denies plot to curtail critics' travel

• Prof Jonathan Moyo: New amendments should face battle royal

• Prof Welshman Ncube: Constitutional reforms recipe for disaster

• Dr Alex Magaisa: Constitution without Constitutionalism

• Lucas Nkomo: The right to revolt against tyranny

• Tawanda Hove: Constitutional reforms and MDC mess

• US says Zim moves 'a sad step backwards'

• Rights groups condemn constitutional moves

• Paul Themba Nyathi: Dark day for democracy

• Parliament passes amendment bill

• Prof Jonathan Moyo: Constitutional madness will not save Zanu PF

• MDC ambush Zanu PF with draft constitution

• Zim tables bill to amend constitution

• Lawyers condemn constitutional amendment

• Alex Magaisa: Constitutional amendment spells doom for economy

By Dumisani Muleya

PROMINENT Zimbabwean newspaper publisher Trevor Ncube, whose passport was seized by immigration authorities and revoked last week without explanation, filed an urgent court application Monday to recover his travel document.

This came as the Harare government also impounded opposition Movement for Democratic Change (MDC) spokesman Paul Themba Nyathi’s passport.

Ncube, who owns SA’s Mail & Guardian, Zimbabwe Independent and Zimbabwe Standard newspapers, and Nyathi are on a list of 17 people whose passports should be taken on sight, for unexplained reasons.

The seizure of passports is seen as marking the resurfacing of a society-wide campaign of repression as social and economic conditions deteriorate.

Zimbabwe, reeling from a deep political and economic crisis, has a long record of human rights abuses.

President Robert Mugabe’s ruling Zanu (PF) party recommended a clampdown on western-sponsored groups hostile to its regime at the end of its annual conference during the weekend.

The resolution urged security forces to compile a list of people whose passports should be seized for allegedly undermining the interests of the state.

Others on the list of persons whose passports should be taken include SA-based Zimbabweans such as telecoms mogul Strive Masiyiwa, journalist Basildon Peta, human rights lawyer Gabriel Shumba and former editors of the banned Daily News, Geoff Nyarota and Nqobile Nyathi.

Media lawyer Beatrice Mthethwa, who holds a Swazi passport, human rights lawyer Brian Kagoro and civic activist Raymond Majongwe are also on the list.

Ncube’s attorney, Stanford Moyo, confirmed the filing of an urgent court application in a bid to reverse the shock passport seizure.

He said lawyers were in the process of serving court papers to Home Affairs Minister Kembo Mohadi, chief immigration officer Elasto Mugwadi and Registar-General of passports Tobaiwa Mudede.

In a letter to friends Monday, Ncube said: "We have challenged the confiscation of my passport on 6 grounds namely that the action is; unlawful self-help, irrational and grossly unreasonable, violates rules of natural justice and lacks procedural fairness, violates my rights to freedom of movement, violates my right to freedom of expression assuming they impounded the passport based on the things I have said or written and that the action violates my freedom of thought if it was done on the grounds of some of my writings and pronouncements.

"In a normal society, this sounds all logical and straight forward. But
Zimbabwe is not a normal country. The lawyers are confident that the case
will be heard before the end of this week because it is an urgent
application."

Closing its conference on Saturday, Zanu (PF) recommended action against non-governmental organisations (NGOs) and civic groups allied to the MDC.

“The opposition is also grouped in the form of NGOs and civic groups, all sponsored by the United Kingdom, the US and the European Union,” the party said. “Stern action shall be taken against them.”

Meanwhile, five top Zimbabwean opposition MPs who headed a pro-senate faction in their party’s recent divisive dispute over participation in the election are to face a disciplinary hearing on Saturday, the MDC said - Business Day/Staff Reporter
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