The Nation
31 July, 2024
By Llyod Chitsulo
Human rights organisations, including the Malawi Legal Aid Bureau, have praised a High Court ruling that gave 30 days for the State to deport illegal immigrants.
The ruling, delivered at the Mzuzu Registry, followed a case brought before the court by 25 immigrants who were illegally detained at Mzuzu Prison and, during routine prison visits between July 2 and 4 this year, the Malawi Legal Aid Bureau discovered that over 100 illegal immigrants were kept there.
The immigrants were being kept despite their remand warrants having expired in January this year while others had finished serving their respective sentences; hence, being detained illegally.
In a joint statement yesterday, Centre for Human Rights Education, Advice and Assistant (Chreaa), Southern Africa Litigation Centre (Salc) and Malawi Legal Aid Bureau, described the ruling as a progressive, stressing that people should not be detained indefinitely.
Chreaa executive director Victor Mhango said a huge number of undocumented immigrants continue being detained in the country’s prisons for indefinite periods.
He said: “Sometimes the number of immigrants is equal to the prison’s capacity.
“This puts undue pressure on the prisons which are already overcrowded and do not have enough food to feed prisoners.”
Salc criminal justice cluster lead Chikondi Chijozi said it is commendable that the Malawi Legal Aid Bureau took up the matter having observed that there were many immigrants that are detained illegally in prisons.
“The judgement is progressive as it urges the State to consider alternative options such as issuing temporary permits, release on bonds/recognisance and encouraging self-repatriation,” she said.
Malawi Legal Aid Bureau assistant director Chimwemwe Chithope Mwale also expressed delight at the ruling. He said Legal Aid Bureau was compelled to take up the matter as it was concerned about the situation.
He said: “When we visited Mzuzu Prison and found that over 100 immigrants were being detained, we were concerned with the overcrowding in the prisons and our assessment of the cases showed that they were illegally detained and we decided to challenge that.”
In his ruling on Monday, Mzuzu High Court Judge Justus Kishindo said under the Immigration Act, 30 days ought to be ample time within which undocumented immigrants ought to be deported.
He ordered that the State should provide to the court a progress report on the steps taken to deport the illegal immigrants and further sustained an order that children should not be detained in prison.
Chithope Mwale represented the immigrants in the case with support from Chreaa and Salc.
