Harare — Home Affairs authorities violated the law when granting former Ethiopian dictator Mengistu Haile Mariam and his relatives Zimbabwean passports to which they were not entitled, it was learnt this week.

Government sources told the Zimbabwe Independent that members of the Mengistu family held Zimbabwean passports renewable every five years.

Mengistu's relatives in Zimbabwe include Tigest Ayele, Etsegenet Tariku, Andenet Mengistu, Tilahun Haile Mariam, Tigist Mengistu, Wubandin Bishaw, and Temhert Mengistu.

The Independent has documents showing that Ayele, Mengistu's niece born on May 31 1971, was issued with a passport on August 17 1993.

The passport, which was set to expire on August 17 1998, was renewed on July 31 1998 to August 17 2003.

John Nkomo, Home Affairs minister, said he was not aware that Mengistu and his relatives held Zimbabwean passports.

"I don't know about that. Where would they be travelling to?" Nkomo asked. "In any case, one has to be a Zimbabwean citizen first in order to get a Zimbabwean passport," he said.

Mengistu and his family are currently not Zimbabwean citizens because they were only recently granted permanent residence. Nkomo confirmed that they are only permanent residents and not citizens.

It takes two years to get citizenship and a passport after being granted permanent residence, which one is only entitled to after living in the country for five consecutive years.

Asked if it was true that Mengistu had a Zimbabwean diplomatic passport, Nkomo said: "I don't know. But one has to be a Zimbabwean citizen to get a Zimbabwean passport." He said Mengistu has been travelling on special travel documents.

"They were refugees until we accorded them the new status - permanent residence. The choice is now theirs as to which passport (Zimbabwean or Ethiopian) they want to hold," he said. Zimbabwean authorities have tightened a ban on dual citizenship.

Sources said Tilahun Haile Mariam (45), Mengistu's younger brother, arrived in Zimbabwe in 1999 as a holiday visitor. He then decided to undertake studies in the country at Audrey's Academy.

On June 21 1999, the college principal, a T Chiwayi, wrote a letter to the Chief Immigration Officer applying for a study permit for Tilahun whose Ethiopian passport number is E684884.

"He (Tilahun) has been offered a place to study for a National Certificate in Business Studies at the above college," Chiwayi wrote. "I hope he will meet all necessary documents required by your office."

Sources said Tilahun was denied the study permit although he later obtained a passport.

"He is now a permanent resident but he has only been here for two years. Laws are being violated by government officials," a source said.

The former Ethiopian tyrant seized power in a coup in 1977. As a military officer in the Ethiopian army, Mengistu took part in the overthrow in 1974 of Emperor Haile Selassie who had ascended to the throne in 1930.

Mengistu, who supported Zimbabwe's liberation struggle, instituted the so- called "Red Terror", a period in which thousands were killed. His Dergue government presided over mass murderers, torture, rape, maiming, harassment and illegal detention of opponents.

After establishing absolute control, Mengistu re-introduced civilian rule in 1987 with his Marxist-Leninist Workers' Party of Ethiopia as the only lawful party.

In May 1991, two secessionist movements - the Ethiopian People's Revolutionary Democratic Front and the Eritrean People's Liberation Front - overthrew the Dergue and Mengistu fled. His first port of call was Zimbabwe.

In 1995, when he survived an assassination attempt in Zimbabwe, Mengistu was tried in absentia in Ethiopia on char- ges of crimes against humanity.

Zimbabwe has refused to extradite him to face trial.

But said Nkomo: "When they (Mengistu and his family) arrived here we accorded them the status of refugees in terms of United Nations conventions.

"It was not possible to extradite him when he was still a refugee because he was protected by international conventions. Extradition does not apply to refugees," he said.

Asked if government would now extradite Mengistu, Nkomo replied: "We have not got to that yet. Let's cross that bridge when we get there."