Chronicle EditorMashudu Netsianda, [email protected]
TWO Chinese investors who were prohibited from entering the country following their deportation last year, have taken the immigration department to court challenging its decision to declare them prohibited immigrants.
Zheng Jie (58) who is the director of Jie and Beat Enterprises and his business partner Xia XiaoJun (48) were arrested early this year after they re-entered the country using new passports.
They recently appeared before Bulawayo regional magistrate Mr. Collet Ncube facing charges of contravening sections 11(1) and (5) of the Immigration Act.
Xia and Zheng were arrested on August 15 last year after illegally entering the country through Plumtree Border Post. They were convicted and deported back to China. They were declared prohibited immigrants.
According to court papers, instead of appealing against the prohibition notice, Xia and Zheng acquired new passports and returned to the country on December 30 last year through Plumtree Border Post.
They were arrested at the immigration offices while trying to extend their stay in the country.
Xia and Zheng through their lawyers, Mathonsi Ncube Law Chambers, filed an application at the Bulawayo High Court citing the immigration department in Bulawayo as a respondent.
They are seeking an order interdicting the immigration department from deporting them pending the determination of review proceedings.
In his founding affidavit, Zheng said he has registered a company in Zimbabwe and is pursuing vibrant business interests in the country.
“On 29 November 2022 after paying US$5 000, I was accordingly awarded an investment licence which is due to expire on 28 November 2023. It was not my first licence, but a renewal of the Zimbabwe Investment Authority licence no. 004421 issued on 21 November 2018,” he said.
“I am applying for a review of the decision of the respondent which irregularly declared me a prohibited immigrant thus violating my rights and more so, affecting all my applications for further permits.”
Zheng said their woes started last year in August when he, together with Xia, legally left Botswana and presented themselves to immigration officers at Plumtree Border Post.
“It was almost 10pm as the border was about to close for the day. We received no joy as the immigration officers in Plumtree were deliberating on our passports,” he said.
Zheng said they were denied entry, arrested and declared prohibited immigrants.
“We were arrested on 10 January 2023 on charges that we were on 3 May 2023 acquitted of. Instead of being allowed to continue with our application process, the immigration department gave us three days to leave the country stating that we were prohibited immigrants,” he said.
Zheng said they have a right to reside in Zimbabwe by virtue of having been granted an investment permit.
“We have been pursuing our enterprise. Further, my wife, children and I are now domiciled in Zimbabwe as we were granted investor’s residence permit on the same applications that I made,” he said.
“I stand to suffer irreparable harm with regard to the determination of the review proceedings that are pending before this honourable court. Further, I stand to suffer great prejudice as my family is based in Zimbabwe and my deportation will disintegrate us, and it will also have a psychological effect on my wife and children.”
Zheng wants an order barring the immigration department from deporting them for the second time.
“I believe I have proven all the requirements to be satisfied in this application for an order sought to be granted.”
The immigration department is yet to respond.
Online Reporter