Johannesburg — IN A scathing rebuke of Botswana's immigration laws, the African Commission on Human and Peoples' Rights has found that national security is not a legitimate justification for infringing on the right of access to courts.
The landmark decision was emphatic in asserting the importance of judicial oversight of executive decisions and is likely to influence the reasoning of domestic courts in Africa, including SA.
The commission's decision was released recently after a five-year legal battle by Australian academic Kenneth Good, who was declared "a prohibited immigrant" in terms of the Botswana Immigration Act and deported after he co-authored an article critical of the president.
The act permits the president of Botswana to expel a noncitizen "in consequence of information received from any source deemed by the president to be reliable" - with no right to challenge the decision in court and no duty on the president to give reasons for his decision.
Mr Good first tried to find out why he was deported through the Botswana courts, to no avail. He ultimately turned to the commission - assisted by international nongovernmental organisation Interights and two South African counsel, Anton Katz SC and Max du Plessis.
He said the act violated a number of his rights under the African Charter on Human and Peoples' Rights, including the right "to have his cause heard".
Botswana argued that the act's ousting of the courts' jurisdiction to review the president's decision was justified in the public interest. But the commission rejected this outright. "Can a victim's right to have his cause heard be limited ... for the public interest? The answer to this is no."
The commission also found that denying Mr Good reasons for his deportation infringed on his right to receive information.
National security and the public interest were "recognised as justifiable grounds to limit freedom of expression" under the charter, the commission said.
However, in Mr Good's case, and "especially in a trial for the vindication of a right", information could not be withheld for any reason.
Botswana's Daily News quoted Foreign Affairs Minister Phandu Skelemani, as saying: "We are not going to follow on the recommendation made by the commission; it does not give orders, and it is not a court. We are not going to listen to them."
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It is an old story like prostitution and theft. Tyrants always hide behind laws to terrorize their victims. Adolf Hitler used the Nuremberg Laws to deny the Jews citizenship. Robert Mugabe used the rubber stamp parliament to seize land from the descendants of the parasitic blood sucking British in his country.This Botswana president has used the laws to deny his people, the Barsawa, water in the Kalahari Desert.
Tyrannical regimes have always hidden behind the curtains of laws to rule. Such regimes as the Botswana government demonstrates are incompetent and paranoid. They are ruled by misfits who see their positions as a stepping stone to make money. The leaders are without scrupples. This is the case of Khama who builds a motel in the heart of the desert complete with a swimming pool yet would deny the wretched Barsarawa access to water. Is that fair? Diamond mines are prospecting in the Reserves using millions of gallons of water yet the Bushmen are denied water. Guess how they are denied water- through the courts. Unjust laws lead nations to doom.
The learned professor should not expect anything better. This government has a mission to rule through oppression.Countless extra judicial killings have taken place under Khama. The courts which are supposed to be the pride of a nation are run by a bunch of foreigners who get directives from their paymasters instead of their consciences. Their wallets come first and Batswana second. They run the courts like a mafia clan with the executive as the don. Shame to a country that has been over forty years independent. Foreigners toy with the lives of citizens by sending them to the cooler.
The assertion very often misused by Botswana of being a shinning example of democracy in Africa is a farce. The country is not only corrupt but is oppressive to a point. Sometimes Robert Mugabe looks like an angel when a closer look of the abuses carried out in Botswana are examined. Soldiers who are supposed to be in the barracks, roam the streets with impunity under the guise of DISS. They steal, rape and loot a la Zimbabwe.
People such as DL, KRSJ 120 and others who were talking about Boatswana as the best in the whole of Africa must read this script and see for themselves. That tells us "Africans" that these Europeans are there only to corrupt us so that we "Original Africans" can hate each other in Africa. Can you imagine the propaganda and the manipulation news they were giving about Boatswana but exspecially, about Khama. It tells us how Krsj 120 and others are blistfully sick; with that said, we are wondering why Africa keep cooperate with mentally sick individuals from Europe.
who listens to this african organs. Botswana can not be the ones following rules alone. Botswana is a jewl in africa even when its doing something bad it is half as bad as the nearest african country. These botswana haters or so called african patriots should know that this professor Good they are talkin about is a white australian who was banned first from Zimbabwe then Bots. His Job is to teach politics at universities especially anti african politics. why doesnt he go to the developed beautiful australia and fight for aborigine's rights. I am sure they are complaining about something. botswana and zim relations are fine. now all of you in exile you watch too much tv. Shonas are now the biggest tribe in Botswana. We pledged the highest amount to rebuild zim (even higher than SA which is more developed.) We are working on servicing their power station. the question is apart from supporting Mugabe what is your country doing? Bushmen's culture is to be hunters and gatherers. not mining and tourism. they are free to mine but they have to compete with the rest of Batswana. CKGR is not their ancestral lands, the whole of southern africa is research a bit. normads dont dig boreholes they follow the migration of wild animals. our judicial system is among the best in the world not just africa. the highest court which is the court of appeal is made from commonwealth judges. highly experienced judges from countries like nigeria, england, australia, zimbabwe preside over cases and its not about money my friends, they are HIGHLY qualified and not all of them are from poor countries. now all you bots haters learn from the oldest multi party democracy in africa dont just watch CNN and critisize. if you think we hate zims you will be surprised to be alone think that way in exile(washington dc) thanks we will welcome you with open arms when you come back.
I agree with you Motswanatswana .....african problems have never been solved by the so called humanitarian organisations , who are foreign funded ..to carry out mischivious deeds in host countries.If i may ask , with all the monies they channel towards military actitivites in the middle east ..the western powers could end all the poverty in africa ...if they really meant what they say.The truth is the humanitarian missions are a smoke screen to divert african attention from whats really going on ....We are better off forging ralations with nations who have no political interests in our countries ..that way we can get technical cooperation and financial support without threatening the sovereignity of our nations.
Good on the Foreign Minister of Botswana!
All alert Africans stand with you in deciding how Tswanas, ALONE, should govern themselves.
It is disrespectful and devilish for ANY guest (and especially evil european criminal invaders) to gossip on and bad mouth a host. That tormentor of Aborigines in australia, should have been thrown out on his backside.
So-called 'human rights' entities EVERYWHERE are EUROPEAN TOOLS!
These evil entities are FUNDED by europeans, and are used to further European relentless and evil efforts at world domination!
Let's see the so-called 'human rights' fools go after the EUROPEAN WARMONGERS who 'shocked & awed' and destroyed hundreds of thousands of INNOCENT Iraqi children, women, old people, etc?
It is NEVER going to happen; because so-called 'human rights' organizations are European TOOLS, for the benefit of euros and the persecution of non-euros!
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