97/93_14AR John K. Modise / Botswana Summary of Facts 1. The Complainant claims citizenship of Botswana under the following circumstances: His father was a citizen of Botswana who went to work in South Africa. While in South Africa, he married and the Complainant was an issue of that marriage. The Complainant's mother died shortly after his birth and the Complainant was sent to Botswana, where he grew up. The Complainant therefore claims Botswana nationality by descent. 2. The Complainant alleges that in 1978, he was one of the founders and leaders of an opposition party called Botswana National Front. He is of the view that it is because of his political activities that he was declared an "undesirable immigrant" in Botswana by the government. 3. On 17th October 1978, he was arrested and handed over to the South African police without being brought before a tribunal. He already had a judicial action pending before a Botswana court, regarding a temporary work permit, but with his deportation, he was unable to follow the case. 4. When he returned to Botswana, he was once again arrested and deported without trial. After his third attempt at returning, he was charged, convicted of illegal entry and declared an undesirable immigrant. He was serving a ten-month prison term and had filed an appeal when he was deported for the fourth time to South Africa, before the case was concluded. 5. Since the Complainant did not have South African nationality, he was obliged to settle in the homeland of Bophutatswana. He lived there for seven years until the government of Bophutatswana issued a deportation order against him and he found himself in the no-man's land between Bophutatswana and Botswana, where he remained for five weeks, when he was admitted into Botswana on a humanitarian basis. He obtained a three-month entry permit, renewable at the entire discretion of the competent ministry, until June 1995. 6. The Complainant does not and has never held a South African passport or citizenship of Bophutatswana. 7. He claims to have suffered heavy financial losses, since the government of Botswana confiscated his belongings and property. He cannot work, since he does not have the relevant permit, and he is constantly under threat of deportation. He has gone to great lengths to try to prove his Botswana nationality, and the appeal against his prison sentence is still pending. He presently has no funds to prosecute his claims in court. 8. He is asking the Government of Botswana to recognise him as a citizen by birth. Complaint 9. The Complainant alleges that he has been unjustly deprived of his real nationality and claims violation of Articles 3(2) , 5, 7(1)(a), 12(1) and (2), 13(1), and (2), 14, 16 (1) and (2) and 18(1) of the African Charter. Procedure 10. The communication was presented by John K. Modise on 3rd March 1993. 11. The Commission was seized of the communication at its 13th Session, held in March 1993. 12. The government was notified of the communication on 12th April 1993. It submitted no reply to the same. 13. On 13th May 1993, a letter was addressed to Mr John K. Modise informing him that the communication had been examined at the 13th Session, and that the Commission required some clarifications from him regarding the exhaustion of local remedies. 14. A second notification was addressed to the government on 12th August 1993. There was still no response from the government. 15. On 7th September 1993, the Complainant replied to the Secretariat's letter dated 13th May 1993, emphasising that he had exhausted the available local remedies. He added that he could no longer pursue his case before the national jurisdictions due to lack of financial resources. 16. Another notification was sent to the government on 29th January 1994, with a copy to the Complainant. 17. On 30th January 1994, the Secretary to the Commission received correspondence from the spouse of the Complainant, stressing that Mr John K. Modise had no more money to pursue the case brought before 1

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