In turning down the appeal, Justice Maruping Dibotelo said the doctor had no right to be heard, as he could not demand the grounds or reasons that had informed the President's decision to deport him:
"The applicant is pursuing an inadmissible appeal, precluded by the law, since no appeal lies against a Presidential Declaration under section 7 (f) as read with section 11 (6) and 36 of the Immigration Act, and the court has no jurisdiction to set aside such a declaration."
Even so, Mmegi conducted a snap survey to learn what people think about this controversial law under which Dr Henry - and many others before him - was jettisoned out of Botswana. Paraphrased excerpts:
Boigotlo Toteng - a Gaborone lawyer
"Speaking for myself, I hate arbitrariness. I hate secrecy in public affairs. Unfortunately, these are the very dreadful things that the Act promotes. I think it gives too much power to the President, which can be easily abused, or used for the wrong reasons. The Act takes away the right of a person to be heard when an adverse decision has been taken against them. And then it takes away the jurisdiction of the courts to determine the legality and possible unlawfulness of such action. For me, it is a hollow excuse by apologists for such appalling pieces of legislation when the apologists say they are justified because they can be found in legal systems of liberal democracies all over the world.
