The Chinese Embassy in Zimbabwe has lodged a diplomatic complaint over the unlawful detention of Haoxuan Song, a 24-year-old Chinese national and son of prominent investor Li Song. The complaint, addressed to the Ministry of Foreign Affairs, comes amid growing fears about the treatment of Chinese nationals and the broader safety of foreign investors in Zimbabwe, a country heavily reliant on foreign capital for its National Development Strategy (NDS1).
The Song family has been deeply involved in Zimbabwe’s economic development, particularly in the mining sector. Li Song, who has been investing in Zimbabwe since 1995, recently expanded her operations by establishing a mining technical services and exploration company in January 2024. This new venture, backed by over a million US dollars in equipment from Chinese investors, represents a significant contribution to Zimbabwe’s mining industry. However, these efforts have been overshadowed by bureaucratic and legal roadblocks, culminating in the unjust detention of Haoxuan Song.
The arrest of Haoxuan, who has been a permanent resident of Zimbabwe since 2004, occurred in February 2024, after months of unexplained delays in processing an investment permit for his company. Despite applying for the permit in good faith, Haoxuan’s application has been stalled due to the refusal of an immigration official, reportedly acting under instructions from an individual named Marconati, to sign off on the permit. The delay has severely impacted the company’s operations, jeopardizing future investments in the country’s vital mining sector.
Matters escalated further when Haoxuan was detained by immigration authorities without legal documentation. His detention, carried out in the presence of his legal counsel, has raised eyebrows within Zimbabwe’s legal and business communities. Haoxuan has since been held at Harare Remand Prison, with no immediate intervention from Zimbabwe’s Prosecutor General, casting doubt on the legal system’s ability to handle high-profile cases involving foreign investors.
Song’s lawyer, Oliver Marwa, has since filed an urgent court application against the Department of Immigration and the Minister of Home Affairs and Cultural Heritage, Hon Kazembe Kazembe , citing serious violations of the Constitution. According to Marwa, Haoxuan’s detention directly contravenes Section 50 of the Zimbabwean Constitution. He argues that the arbitrary detention of Haoxuan, without proper legal grounds, is invalid under Section 2(1) of the Constitution, which declares that any law, custom, or practice inconsistent with the Constitution is void to the extent of that inconsistency.
The heart of the case hinges on Section 50(3) of the Constitution, which mandates that anyone detained must be brought before a court within 48 hours unless a competent court extends the detention. In Haoxuan’s case, no such extension was sought, rendering his continued detention unconstitutional. Marwa emphasizes that the conduct of immigration officials not only undermines the rule of law but also threatens Zimbabwe’s investment climate, particularly at a time when the nation seeks to bolster its economy through foreign partnerships.
The Chinese Embassy’s intervention has drawn international attention to Zimbabwe’s legal and administrative practices. With China being one of Zimbabwe’s most significant economic partners, particularly in the mining and infrastructure sectors, the treatment of Chinese investors has become a litmus test for the country’s commitment to fostering a fair and transparent investment environment. The incident also comes on the heels of President Mnangagwa’s participation in the Forum on China-Africa Cooperation (FOCAC), where further bilateral trade agreements were discussed.
As diplomatic talks unfold, the outcome of Haoxuan Song’s case could have far-reaching consequences for Zimbabwe’s reputation as an investment destination. The government’s handling of this case will likely influence future investor confidence, especially as Zimbabwe strives to achieve its Vision 2030 development goals.
For investors, the case underscores the importance of legal protections and the swift resolution of disputes. Haoxuan’s arrest, coupled with the bureaucratic obstacles faced by his company, paints a worrying picture of Zimbabwe’s regulatory landscape. Without immediate reforms and a clear commitment to upholding the Constitution, Zimbabwe risks deterring the very foreign investments that are essential for its economic future.
As Zimbabwe’s government faces mounting pressure to address these concerns, the international business community will be watching closely. The resolution of this case could signal whether Zimbabwe is serious about maintaining its status as a reliable and investor-friendly nation or if its administrative shortcomings will continue to impede its progress towards Vision 2030.
