ZCLU strongly condemns deportations of investors

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The Zambian Civil Liberties Union (ZCLU) has strongly condemned the recent actions by the Department of Immigration to flagrantly disregard the High Court orders in a case involving three Chinese and Korean business investors: Han Ho Bae, Pan Peng, and Jia Yugi.

According to the organization, the contemptuous action by the Department of Immigration undermines the rule of law and raises serious concerns about Zambia’s commitment to protecting investors’ rights and the rights of all persons living in Zambia generally.

On 31st December 2023, the Department of Immigration deported the three investors and nationals ignoring a High Court order in cause number 2023/HP/2307.

Organization Executive Director Isaac Mwanza says the disobedience of a High Court order by the Immigration Department is worrying and an indication of the Department’s disregard for legal processes which contradicts President Hakainde Hichilema's call to respect the rule of law. 

“Shockingly, on 27th January 2024, the Immigration department once again demonstrated contempt for the High Court by denying entry and forcibly removing the individuals from Zambia, contravening a second ruling from the Lusaka High Court Judge dated 26th January 2024. The High Court had ordered the issuance of temporary permits to the individuals to attend a Judicial Review against the decision by the Director General of Immigration to deport and/or remove them from Zambia, Mr. Mwanza said.

Mr. Mwanza is demanding full compliance with court orders by the Department of Immigration to prevent further erosion of the rule of law stressing that the impunity displayed by the Immigration Department not only contributes to undermining the people’s confidence in Zambia’s legal system but also tarnishes the country’s reputation as a haven of investments, both domestically and internationally.

He says President Hakainde Hichilema has consistently emphasized his administration’s commitment to upholding the rule of law and that the organization  expects officials at the Department of Immigration to align their actions with the President’s pronouncements and demonstrate respect for court orders and the laws that safeguard the right to a fair trial. Respect for court orders is not optional; it is fundamental to the functioning of a just society.

Mr. Mwanza has echoed concerns raised by the Swedish Ambassador about the impact of corrupt institutions on investor confidence.

He has claimed that the actions by the Department of Immigration not only compromise investor confidence but also send a negative signal to the international community about Zambia’s commitment to protecting the rights of individuals, including investors. 

“The Department of Immigration must refrain from jeopardizing investments and disrupting the lives of individuals based on unproven allegations. Any exercise of departmental powers must be lawful and respectful of due process. We want to firmly reiterate that the presumption of innocence and the right to a fair hearing in Zambia are constitutional guarantees that apply to all individuals, including foreign nationals. The right to attend trial and receive a fair hearing is sacrosanct, even for individuals declared as Prohibited Immigrants by the Department of Immigration until the matter has been heard and decided by a competent court, He said. 

“We therefore call on the courts to defend the independence and integrity of their decisions by punishing those who disobey its orders. We also urge President Hichilema to demand from civil servants full compliance with court orders to restore trust in our institutions and attract much-needed investment to Zambia, Mr. Mwanza said. 

Zambian Civil Liberties Union 

*About ZCLU*

_The Zambian Civil Liberties Union (ZCLU) is a non-partisan, non-profit organization dedicated to the protection and promotion of civil liberties and human rights in Zambia. With a commitment to upholding the principles of democracy and the rule of law, ZCLU strives to hold government institutions accountable and safeguard the rights of all Zambian citizens.

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