Yes, Wilson must go- Justice Walia

ISAIAH MOREWAGAE | Thursday December 1, 2011 00:00

 

In leg irons, Dr Wilson gave his attorneys the last handshake before being escorted by two prison warders possibly to maximum prison to await his flight out of the country today.

Wilson had approached the High Court on urgency, accusing the President of interfering with the administration of justice in that he declared him (Dr Wilson) a prohibited immigrant while he  had a pending case before court.

In fact, Dr Wilson's attorney, Lizo Ngcongco, argued in court that it was clear that the President was in contempt of court. 

He said his argument was supported by Khama's affidavit in which the President stated that he considered and balanced such national interest with the current and pending review application of the Ministry of Labour and Home Affairs decision to cancel Dr Wilson's residence and work permits. He further argued that Khama stressed in his affidavit that should the applicant succeed in his application such would seriously compromise the national interest and security.

Ngcongco contended that the President's decision to fast track the removal of Dr Wilson from the country further supported their position that the President should have left the court to deal with Dr Wilson pending review application.

The defence attorney told court that Khama, as the executive arm of government, was infringing on another arm of government, the judiciary.

He stressed that he was not questioning the powers of the President to declare Dr Wilson an unwanted visitor, but was questioning the manner in which the declaration was made. He said Khama was acting in bad faith in that when the review application was still to be decided, he (Khama) fast tracked the removal of their client.

At the end of the day, Judge Walia ruled that Dr Wilson failed to prove his case beyond reasonable doubt and as such found no reason to review the President's decision.

The ruling left a bitter taste in the applicant's attorney mouth hence they are considering an appeal against Walia's ruling.

Ngcongco appeared with Busang Manewe while David Moloise appeared for the President and the Attorney General.