Court orders the release of asylum seekers

Lebogang Mosikare | Wednesday July 5, 2017 17:02

 

The petitioners have taken the director of Immigration and Citizenship, officer commanding of Botswana Prison Service and the officer commanding  of the FCII, who are represented by the Attorney General (AG) to court seeking an order that their perpetual incarceration at the FCII be declared unlawful.

Some of the petitioners and their small children have been languishing in custody at the FCII since 2015 contrary to the law that states that keeping them at the FCII for more than 28 days is unlawful.

Yesterday, Justice Phadi Solomon issued an order that the perpetual detention of the petitioners at FCII is illegal.

The judge said: “The respondent is ordered to release the petitioners and their dependents from detention with immediate effect and place them at Dukwi Refugee Camp pending removal from Botswana to a country of their preference or any country willing to receive them.  The respondent shall pay the cost of the suit.”

Prominent Francistown-based human rights attorney, Morgan Moseki who was for the petitioners was overjoyed after the judge delivered the order.

He told Mmegi that he is finally happy because justice had taken its course.

In the past, Moseki had stated that the AG wanted to indefinitely keep the applicants in custody.

However AG’s counsel, Oeme Moalosi countered what Moseki said.

The United Nations High Commissioner for Refugees has also previously stated that it is prepared to provide the rejected and awaiting asylum seekers together with their children with food and other items like tents and more once they are relocated to the Dukwi Refugee Camp where they want to be taken.