The High Court has thrown out an urgent bid by a Congolese national seeking immediate release from Harare Remand Prison, ruling that his detention is lawful under the country's immigration laws.

Benoit Ombeni Mupenzi, who claims to be a refugee in Zimbabwe, had argued that his incarceration was unlawful as he had not been informed of the reasons for his arrest nor shown a valid warrant.

He told the court that his liberty was being "arbitrarily restrained, causing irreparable harm" and insisted he was "unaware of any offence committed."

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Sitting at the Harare High Court, Justice Fatima Maxwell held that authorities were acting within the law.

Citing section 8(1) of the Immigration Act [Chapter 4:02], the judge said, "The detention of the applicant is in terms of a law which remains in our statute books. Until and unless section 8 of the Immigration Act is declared unconstitutional and such declaration is confirmed by the Constitutional Court, the court's hands are tied."

The provision gives immigration authorities up to 14 days to verify an individual's identity, nationality and antecedents.

The Chief Immigration Officer opposed Mupenzi's release, stating that his nationality was still under investigation and that none of the documents he presented substantiated his claim to refugee status.

"Applicant's identity and nationality status have been questioned by the country's security apparatus," the court was told.

The judge acknowledged Mupenzi's complaint over not being given reasons for his detention, but made it clear that release was not the remedy. "Whilst applicant might have a genuine grievance that he was not furnished with reasons for the arrest and detention forthwith, I am not persuaded that the remedy for that is his immediate release," she said.

There was no order regarding costs.