Gov’t hamstrings Zimbabwean ‘refugees’

The government is defending its decision to cancel the refugee status of five Zimbabwean nationals and filed its opposition to their lawsuit. The five Zimbabweans lead by Terence Charuma, who are resisting repatriation citing fear of persecution, have taken the government to task after the Minister of Defence, Justice and Security declared on January 2020 that they are no longer recognised as political refugees and cancelled their status.

The cancellation of the status of the five refugees was then confirmed by United Nations High Commission for Refugees (UNHCR) in February 2021 after undertaking a similar exercise of assessment in December 2020.

According to the state’s opposing papers filed on May 18, 2021, the state was within its rights to cancel the status of the five after careful consideration and assessment.

The director of Refugee Management in the Ministry of Defence, Justice and Security, Thobo Letlhage said the decision to cancel the refugees’ status was borne out of careful consideration and that the decision was not irrational.

She explained that the decision was not sudden and that it took 14 months of speaking to individuals after hearing their fears, needs, concerns, and assessing and analysing the position on the ground in Zimbabwe.

“Not only was the decision national and fully supported, the decision was more than one year later borne out and confirmed by the UNHCR also finding that the applicants no longer merit being recognised as refugees,” she said.

Letlhage pointed out that it was worth noting it took affording the UNHCR close to a whole year, with the suspension of the implementation of the minister’s decision to conduct its assessment without influence from the part of the government.

She explained that the UNHCR procedure of determination of whether applicants needed recognition as refugees was a painstaking and thorough process marked by extraordinary patience and that the applicants’ cases were assessed by UNHCR at the first instance and on appeal, and were found to be without merit.

“The statements by the applicants that returning refugees have been subjected to human rights violations and languishing in jail are blatantly untrue and this is borne out by the finding of the government and UNHCR,” she said.

Letlhage said it was instructive to note that the applicants deliberately evaded disclosing the reasons they say they would face lengthy prison sentences upon returning to Zimbabwe and that the prospect of prison sentences on account of desertion from the Zimbabwean National Army did not qualify as political refugees in terms of the act.

She said in respect of one of the refugees, Lesley Banda, who was arrested upon his return to Zimbabwe was because the authorities said it was necessary to investigate the circumstance of his desertion and military equipment he had not surrendered to the army when he deserted.

“I personally escorted Banda on his repatriation on March 22, 2021, and after I learnt about his incarceration I made enquiries with Zimbabwean authorities and I was assured that his detention was necessary. He has since been released from incarceration and there is no alleged persecution at all at the hands of any state actor or non-state actor,” she said.

According to Letlhage, prior to the repatriation exercise, the applicants and all Zimbabwean refugees were accorded an opportunity to be addressed and interacted with cabinet ministers from their country where assurances were given that they will not be persecuted upon return. She said the applicants have not established a well-founded fear of persecution and that both governments and the UNCHR determined that the applicants do not have a well-determined founded fear upon their return.

“The citation by the applicants of an alleged fear of persecution is unfounded. The true and real reason the applicants refuse to go back to Zimbabwe is the prospect of exploiting economic opportunities that they have taken advantage of in Botswana. They are heavily involved in business ventures,” she said. Letlhage said the applicants were fully aware that they are not residents at the camp and do not have permission to reside elsewhere and that they are not entitled to the relief they are seeking.

On the filing of the case by the refugees before the court, Letlhage said the applicants failed to provide an acceptable explanation for their delay in instituting review proceedings and approaching the court for leave.

“They have not established any prospects of success of their intended review other than the bold statement of the minister declaring that he no longer recognises Zimbabwean nationals at the camp as political refugees and alleging that it was irrational,” she noted. Furthermore, she accused the applicants of not approaching the court with a clean conscious pointing out that when the decision was effected they were no longer recognised as refugees. She said they were not held at the centre for illegal immigrants nor have they sought to remain at the camp but instead resorted to roaming illegally in Botswana.

She said the applicants have deliberately and blatantly misled the court in alleging that they are residents at the camp whereas they are not and were not authorised to leave the camp, as it ought to be done by the minister.