48. John Lyson Chinula died in Malawi. He was a prominent businessman. His deportation must have caused prejudice to his business interests. His family is requesting the return of his body for burial in Zambia. The Government of Zambia should be required to grant that wish. 49. The Government of Zambia has relied on the "claw-back" clause of Article 12(2): This right may only be subject to restrictions, provided for by law for the protection of national security, law or order, public health or morality... 50. The deportation order also stated that the deportees were considered " a danger to peace and good order to Zambia". The Commission is of the view that the "claw-back" clauses must not be interpreted against the principles of the Charter. Recourse to these should not be used as a means of giving credence to violations of the express provisions of the Charter. Secondly, the rules of natural justice must apply. Among these are in the audi alterm partem rule, the right to be heard, the right of access to the Court. The Court in Zambia, in Banda's case failed to examine the basis of administrative action and as such, it has not been proved that the deportees were indeed a danger to law and order. In any event the suggestion that they were "likely" to be a danger was vague and not proved. It is important for the Commission to caution against a too easy resort to the limitation clauses in the African Charter. The onus is on the state to prove that it is justified to resort to the limitation clause. The Commission should act bearing in mind the provisions of Articles 61 and 62 of the Charter. 51. Article 2 of the Charter reads: Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion political or any other opinion, national and social origin, fortune, birth or other status. 52. By forcibly expelling the two victims from Zambia, the State has violated their right to enjoyment of all the rights enshrined in the African Charter. This article imposes an obligation on the Zambian Government to secure the rights protected in the African Charter to all persons within their jurisdiction irrespective of political or any other opinion. This obligation was reaffirmed by the Commission in Rencontre africaine pour la défense des droits de l'Homme / Zambia (Communication 71/92). The arbitrary removal of one's citizenship in the case of Chinula cannot be justified. 53. Article 9(2) states: Every individual shall have the right to express and disseminate his opinions within the law. 54. Both Banda and Chinula were leading politicians and businessmen. Both had lived in Zambia for decades. Even if deportation action had been initiated against them in 1974 and 1976, it can be safely assumed that the action had been advanced unless it is proved that that was due to unlawfulness, fraud or obstruction of the course of justice. None of this was alleged. Action was accelerated upon the assumption of office of MMD government in 1991, we are therefore persuaded that the deportations were politically motivated. This provision of the Charter reflects the fact that freedom of expression is a fundamental human right, essential to an individual personal development, political consciousness and participation in the public affairs of his country. The Commission has to determine whether the "deportations", being politically, motivated violate the provisions of Article 9(2) of the African Charter as the two victims were denied the right to freedom of conscience as stipulated in Article 8 of the Charter. 55. Article 8 of the African Charter states: Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms. 56. Article 10 of the Charter, which states: Every individual shall have the right to the free association provided that he abides by the law. 57. In deporting the two men, the government of Zambia has denied them the exercise of their right to freedom of association. This is so since they have been prevented from associating with their colleagues in the United National Independence Party and participating in their activities. 58. As the African Commission ruled in the case of John K. Modise/ Botswana, by forcing Banda and Chinula to live as stateless persons under degrading conditions, the government of Zambia has deprived them of their family and is depriving their families of the men's support, and this constitutes a violation of the dignity of a human being. Thereby violating Article 5 of the Charter, which guarantees the right to: 5