Immigration Act: No remedy against the patently undemocratic law
Thursday, April 12, 2007
The attorneys were expressing their frustrations about the section of the Immigration Act, which empowers the President of Botswana to declare any person a prohibited immigrant as a result of "information received from any source deemed by the President to be reliable..." As readers will recall, this was the law under which Kenneth Good, the former University of Botswana academic, was declared a prohibited immigrant and eventually deported from the country. And as in Good's case, the government has given no reason for the decision to deport the Nigerian national. There is a tight veil of secrecy around the entire episode; and although Chiamonwu will challenge the President's decision in court next week, he is unlikely to succeed. After all, we know it from the highest court in this country that there is no remedy whatsoever in our democracy against this patently undemocratic law.
This is a great pity, for it means that foreign residents of this country will continue to be subject to what Motumise referred to as the "hallmarks of arbitrariness" that are associated with laws of this nature. It is also a great pity because it is one of the constant reminders of some of the undesirable aspects of our democracy, despite frequent declarations to the contrary. As if this is not bad enough, the authorities now want to introduce an intelligence and security services law, which will simply compound the situation, making us vulnerable to countless, arbitrary actions that arise from legislation of this kind. For those who claim not to understand it, this is the primary reason for the hostile reaction of the nation to the proposed intelligence law as currently drafted.
But what could be the reason for Chiamonwu's rushed deportation, especially since he is said to have a pending court case to do with alleged medical-aid fraud? According to Chiamonwu's lawyers, the case dates back to 2001, and was scheduled to be heard next Monday. Would it not have been much wiser of the authorities to let the case start and run its course, and then deport Chiamonwu if he was found guilty, as I think some other law provides in respect of foreigners? The course chosen by the authorities is bound to damage the reputation of both the government and the country further.
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