Judgement beckons in Ugandan refugees case

Timothy Yamin and Musa Mohammed Isabirye.PIC: MORERI SEJAKGOMO
Timothy Yamin and Musa Mohammed Isabirye.PIC: MORERI SEJAKGOMO

FRANCISTOWN: Justice Lot Moroka will deliver judgement on November 20 in a matter in which the commissioners of the Botswana Police Service and Prisons and Rehabilitation, together with five police officers and an immigration officer, are facing a single count of contempt of court and possible imprisonment.

An attorney representing two Ugandans deported recently, is demanding that all respondents receive jail terms for defying Moroka’s previous ruling in which he ordered that the Ugandans should not be deported pending their legal process. The case was instituted by Martin Dingake in his own capacity as the legal representative of Ugandan refugees Musa Isabirye and Timothy Tamin, who were recently deported despite a court order of October 23. Dingake also wanted the respondents to each pay P2,000 and furthermore, to pay the costs of the application.

When the case resumed on Monday morning, attorney Ndiye Balule from the Attorney General (AG) argued that Dingake has no powers of attorney to institute contempt of court proceedings against the respondents because the applicants did not give him the power of attorney to represent them.  However, Dingake stated that it was impossible for the applicants to append their signatures in court papers because when he sought to consult them on October 25 he learnt that the applicants were moved from first offenders prison to Sir Seretse Khama police station two days earlier.

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