good v republic of botswana communication 313 of 2005 2010 achpr 106 26 may 2010

good v republic of botswana communication 313 of 2005 2010 achpr 106 26 may 2010

Botswana violated Articles 1, 2, 7(1)(a), 9, 12(4), and 18(1) & (2) of the African Charter by expelling Kenneth Good without providing reasons, denying him access to a competent court, suppressing his freedom of expression for political opinion, failing to protect his family life, and discriminating against him for his views. The ouster clauses in the Botswana Immigration Act rendered judicial remedies illusory and are incompatible with the Charter. The Charter is binding on Botswana by virtue of ratification, regardless of domestic incorporation.

Citation
good v republic of botswana communication 313 of 2005 2010 achpr 106 26 may 2010
Parties
Complainant: Kenneth Good; Respondent: Republic of Botswana
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
26 May 2010
Procedural Posture
Human Rights Complaint / Decision on Merits After Admissibility and Procedural Objections
Outcome
Complaint upheld; violations found
Legal Topics
Expulsion of Non Nationals, Freedom of Expression, Right to Fair Trial, Non Discrimination, Right to Information, Family Rights, State Obligations Under Treaties
Source Language
English
Human Rights Law International Law Constitutional Law Expulsion of Non Nationals Freedom of Expression Right to Fair Trial Non Discrimination Right to Information +2 more

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Parties

Kenneth Good

Complainant

Republic of Botswana

Respondent

Procedural Posture

Human Rights Complaint / Decision on Merits After Admissibility and Procedural Objections

Legal Issues

  1. 1 Whether the expulsion of Kenneth Good violated Articles 1, 2, 7(1)(a), 9, 12(4), and 18 of the African Charter on Human and Peoples' Rights
  2. 2 Whether the ouster of judicial review under the Botswana Immigration Act is compatible with the Charter
  3. 3 Whether the denial of reasons for expulsion and lack of judicial remedy violates due process and freedom of expression

Ratio Decidendi

Botswana violated Articles 1, 2, 7(1)(a), 9, 12(4), and 18(1) & (2) of the African Charter by expelling Kenneth Good without providing reasons, denying him access to a competent court, suppressing his freedom of expression for political opinion, failing to protect his family life, and discriminating against him for his views. The ouster clauses in the Botswana Immigration Act rendered judicial remedies illusory and are incompatible with the Charter. The Charter is binding on Botswana by virtue of ratification, regardless of domestic incorporation.

Court Disposition

Complaint upheld; violations found

Orders

  • The Respondent State must provide adequate compensation to the victim for losses and costs incurred, including lost remuneration, benefits, and legal costs.
  • The Respondent State must ensure that Sections 7(f), 11(6), and 36 of the Botswana Immigration Act and its practices conform to international human rights standards, particularly the African Charter.