Government finally complies on asylum seekers
Chakalisa Dube | Thursday August 10, 2017 16:50
Most of those who were placed in custody at the FCII were rejected asylum seekers, those awaiting asylum status and their dependants.
As per court order, the government through the Attorney General (AG) has started relocating the asylum seekers and their dependants from the centre to a refugee camp in Dukwi.
“About 130 of rejected asylum seekers have been transported to the Dukwi refugee camp since yesterday (Monday) after spending 30 days in prison in willful and deliberate contempt of court,” Morgan Moseki, an attorney representing the asylum seekers said.
Initially, 60 asylum seekers (including their dependants) were released on Monday while 70 (including the dependants) were released yesterday.
In total, there were 359 asylum seekers and their dependants at the centre.
“We hope there shall be full compliance by 5pm on the 11th of August on the Attorney General, the custodian of individual rights in the Constitution of this country,” Moseki said.
Last week Friday, the Court of Appeal (CoA) president, Justice Ian Kirby ordered the government to comply with an initial High Court order, instructing the release of the asylum seekers.
Justice Phadi Solomon granted the initial order more than a month ago. In her ruling, Solomon stated that the detention of the asylum seekers was unlawful.
She ordered for their immediate release, stating that they should be housed at the Dukwi refugee camp pending their removal from Botswana to countries willing to receive them.
Represented by a reputable law firm, Collins Newman and Co, government appealed Solomon’s ruling and further described the rejected asylum seekers as a security threat.
“The grounds of appeal are that the judge misdirected herself and erred in the fact and law by failing to consider the provisions of section 18 of the Immigration Act (Cap 25:02 and failing to consider and take into account the appellant’s defense on grounds of security considerations,” reads one of the government’s grounds of an appeal engineered by Collins Newman and Co.
Kirby gave the government until Friday to have fully complied with Solomon’s order.
The case had attracted negative criticism towards government, with some observers accusing the government of ill-treating the asylum seekers and their dependants by perpetually keeping them at FCII.