modise v botswana communication 97 of 1993 2000 achpr 25 6 november 2000

modise v botswana communication 97 of 1993 2000 achpr 25 6 november 2000

The Commission found that the complainant was entitled to Botswana citizenship by descent under section 20(2) of the Constitution, as his father was a British Protected Person and there was no evidence he was a citizen of another country. The repeated deportations, denial of nationality, confiscation of property, and deprivation of political and civil rights constituted violations of Articles 3(2), 5, 12(1)-(2), 13(1)-(2), 14, and 18(1) of the African Charter.

Citation
modise v botswana communication 97 of 1993 2000 achpr 25 6 november 2000
Parties
Complainant: John K. Modise; Respondent: Republic of Botswana
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
6 November 2000
Procedural Posture
Human Rights Communication / Decision on Merits After Admissibility and Multiple Procedural Stages
Outcome
Findings of violations against Botswana; recommendations issued.
Legal Topics
Citizenship by Descent, Deportation, Statelessness, Right to Property, Freedom of Movement, Political Participation, Family Rights
Source Language
English
Human Rights Law Constitutional Law Nationality Law Citizenship by Descent Deportation Statelessness Right to Property Freedom of Movement +2 more

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Parties

John K. Modise

Complainant

Republic of Botswana

Respondent

Procedural Posture

Human Rights Communication / Decision on Merits After Admissibility and Multiple Procedural Stages

Legal Issues

  1. 1 Whether the complainant was unjustly deprived of Botswana citizenship by descent
  2. 2 Whether the repeated deportations and denial of nationality violated rights under the African Charter
  3. 3 Whether the complainant's rights to property, family life, movement, and political participation were infringed

Ratio Decidendi

The Commission found that the complainant was entitled to Botswana citizenship by descent under section 20(2) of the Constitution, as his father was a British Protected Person and there was no evidence he was a citizen of another country. The repeated deportations, denial of nationality, confiscation of property, and deprivation of political and civil rights constituted violations of Articles 3(2), 5, 12(1)-(2), 13(1)-(2), 14, and 18(1) of the African Charter.

Court Disposition

Findings of violations against Botswana; recommendations issued.

Orders

  • Botswana to recognise Mr. John Modise as its citizen by descent.
  • Botswana to compensate Mr. Modise adequately for the violations of his rights.