Yvonne Mativenga and Igbokwe Nicodemus Ibeabuchi v Chief Immigration Officer and The Co-Ministers of Home Affairs and The Attorney General of Zimbabwe

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1
HH 314-11
HC 12480/11
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YVONNE MATIVENGA

and

IGBOKWE NICODEMUS IBEABUCHI

versus

CHIEF IMMIGRATION OFFICER

and

THE CO-MINISTERS OF HOME AFFAIRS

and

THE ATTORNEY GENERAL OF ZIMBABWE

HIGH COURT OF ZIMBABWE

BERE J

HARARE, 21 December 2011

Urgent Chamber Application

G Nyandoro, for the applicants

Ms C J Chawafambira, for the respondents

BERE J:  I have difficulties in appreciating the urgency in this matter which would justify it being given preferential treatment over other matters awaiting determination by this court.

There is evidence that the second applicant adopted a casual approach in trying to have his stay in this country regularised. It is clear that from the moment he was told his file had been misplaced he did not pursue the matter further until his arrest. He continued to stay in this country until he was arrested. A prudent immigrant would have continued to pursue the matter with the immigration office for regularization of his stay.

It is common cause that the second applicant has since lodged an appeal within the structures of the immigration office and there is nothing tendered in this court that suggests he has attempted to have his appeal hearing expedited.

Where matters are being administratively handled courts should be reluctant to interfere with that process until that domestic remedy has been exhausted.

For these reasons I decline to treat this matter as urgent.

Hamunakwadi, Nyandoro & Nyambuya, applicants’ legal practitioners

Attorney-General’s Office, respondents’ legal practitioners