38. On 8th May 1996, a letter was sent to the Botswana government, acknowledging receipt of its Note Verbale of 19th October 1995, and informing it that the communication had not been examined at the 19th Session, but that it would be done at the 20th Session slated for October 1996. 39. On 8th May 1996, a letter was sent to the Complainant giving him the same information as above. A copy of the Note Verbale addressed to the Commission by the government on 19th October 1995 was attached to the letter. 40. On 9th October 1996, the Secretariat of the Commission received a fax message from INTERIGHTS, mainly to transmit a copy of Mr Modise's letter stating that all domestic remedies had been exhausted, and that even though the Government of Botswana had promised Commissioner Dankwa that Mr Modise would be issued with a passport, his application had still not been approved by the competent authorities. 41. On 10th October 1996, the Secretariat acknowledged receipt of INTERIGHTS' correspondence. 42. At its 20th Session, held in Grand Bay, Mauritius, in October 1996, the Commission heard a presentation made by INTERIGHTS. Following the hearing, it decided to defer a decision on the merits to its next session in order to give more time to explore the avenue of an amicable settlement. 43. On 12th December 1996, the Secretariat addressed a Note Verbale to that effect to the government. 44. On 12th December 1996, the Secretariat addressed a letter to that effect to INTERIGHTS. 45. At its 21st Session in April 1997, the Commission decided to close the case, by considering that Mr Modise's naturalisation constituted an amicable settlement of the matter. 46. On 11th June 1997, the Secretariat notified the Complainant, the State Party and the Complainant's counsel, respectively. 47. On 16th June 1997, the Secretariat received a fax message from INTERIGHTS, indicating that it was not satisfied with the Commission's decision and that it was consequently calling for the matter to be reopened. 48. On 19th June 1997, the Secretariat acknowledged receipt of INTERIGHTS' letter of 16th June 1997, while also explaining the decision taken by the Commission. 49. On 26th June 1997, a letter was written to Mr Modise on the subject, with a copy to INTERIGHTS. 50. On 18th July 1997, the Secretariat received a letter from INTERIGHTS subtitled "Reopening of Communication 97/93", together with a nine-page explanatory note. 51. On 29th July 1997, the Secretariat wrote a letter to Commissioner Dankwa, with INTERIGHTS' explanatory note attached, calling for his opinion as Rapporteur on the communication. 52. At its 22nd Session, held from 2nd to 11th November 1997, the Commission decided to accede to INTERIGHTS' request to reopen the case and therefore to re-examine the reasons that led its previous decision, which considered that the communication had been closed on the basis of an amicable settlement. The Commission further requested Botswana to provide it with information on the terms of the settlement reached between the two parties, the directives regarding its implementation, as well as the type of citizenship granted to Mr Modise. 53. On 18th November 1997, the Secretariat wrote to the parties to inform them of the Commission's decision. 54. On 11th February 1998, the Secretariat addressed a reminder Note Verbale to Botswana's Ministry of Foreign Affairs. 55. By the 23rd Session, the government of Botswana had not yet reacted to the above-mentioned request. The Commission consequently requested the Secretariat to remind the government about the request. 56. On 10th August 1998, the Respondent State responded to the request. 57. At its 24th Ordinary Session held from 22nd to 31st October 1998, the Commission heard Mr Botsweletse Kingsley Sebele, Secretary General of the Botswana Ministry of Labour and Home Affairs. He stated that the laws of his country could not give Mr Modise any status other than that which he has already been granted, adding that Mr Modise had obstinately refused to co-operate with the government of Botswana. The Commission thereafter deferred a decision on the merits to its 25th Session. 58. On 10th November 1998, the Secretariat wrote to the parties concerned informing them of the Commission's decision. 59. By two Notes Verbale dated 6th October 1998 and 9th December 1998, the Government of Botswana reiterated its position contained in its earlier Note Verbale of 27th May 1998. 60. On 16th April 1999, INTERIGHTS wrote to the Commission requesting a deferral of the hearing of the case to the 26th Ordinary Session due to Mr Odinkalu's illness. 61. At the 25th Ordinary Session of the Commission held in Bujumbura, Burundi, the Commission deferred hearing of the communication to its 26th Ordinary Session. 3