in Botswana and until 1978, without being subjected to the rigours of obtaining the necessary nationality documents applicable to a citizen by registration that the government claims he is. The Commission also takes notice that the Government of Botswana, without acknowledging any responsibility did take some steps to remedy the complainant's situation by granting him a certificate of citizenship in June 1995, under Section 9(2) of the Citizenship Act of Botswana. 91. Deportation or expulsion has serious implications on other fundamental rights of the victim, and in some instances, the relatives. Having decided on the issue of Modise's citizenship, the Commission would now advert [sic] its mind to the other claims made by the Complainant, in order to determine whether his rights guaranteed under the Charter have been violated. 92. The Complainant contends that his incessant deportation, constant threats of deportation and the accompanying disastrous consequences constitute a violation of Article 5 of the Charter. The facts of this case reveal that the Complainant was deported four times to South Africa, and on all these occasions, he was rejected. He was forced to live for eight years in the "homeland" of Bophuthatswana, and then for another seven years in "No Man's Land", a border strip between the former South African Homeland of Bophuthatswana, and Botswana. These acts exposed him to personal suffering and indignity in violation of the right to freedom from cruel, inhuman or degrading treatment guaranteed under Article 5 of the Charter. Article 5 of the Charter provides: Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly...torture, cruel, inhuman and degrading punishment and treatment shall be prohibited. 93. The deportation also deprived him of his family, and his family, of his support. The Commission finds this in violation of the Complainant's right to family life enshrined under Article 18(1) of the Charter. Article 18(1) provides: The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 94. The Complainant alleges, and the State has not contested that he had been deported four times from Botswana. The Complainant also detailed his plights as a result of these acts. In this circumstance, the Commission finds that the said deportations had greatly jeopardised the Complainant's right to freedom of movement, as a citizen of Botswana, in contravention of his rights under Article 12(1) of the Charter. It also infringed upon his right to leave and to return to his country guaranteed by Article 12(2) of the Charter. Articles 12 (1) and (2) provide: (1) Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. (2) Every individual shall have the right to leave any country, including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 95. The Complainant also claimed to have suffered heavy financial loses, since the Government of Botswana confiscated his belongings and property. The Government of Botswana has not refuted this allegation. It is trite law that where facts go uncontested by a party, in this case, the respondent state, such would be taken as given. The Commission therefore finds the above action of the Government of Botswana an encroachment of the Complainant's right to property guaranteed under Article 14 of the Charter. Article 14 reads: The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws. 96. The Complainant alleges that in 1978, he was one of the founders and leaders of an opposition party, the Botswana National Front. He alleges further that it was as a result of his political activities that he was declared an "undesirable immigrant" in Botswana by the government. He contends that citizenship by registration, which the respondent government granted to him is in several ways inferior to citizenship by birth, which he deserves as of right. One of such consequences is that he cannot vie for the highest elected political office in the country, that is, the presidency of the Republic of Botswana. This fact has been admitted by B. K. Sebele, Permanent Secretary, Ministry of Labour and Home Affairs of the respondent state to the effect that: "Except for being barred to be elected or becoming President of Botswana, he enjoyed all other rights enjoyed by a citizen of Botswana." (See paragraph 2, page 3 of Mr Sebele's letter of 9th December 1998). 97. While this may not seriously affect most individuals, it is apparent that for Mr Modise, such a legal disability of grave consequence. Considering the fact that his first deportation came soon after he founded an opposition political party, it suggests a pattern of action designed to hamper his political participation. When taken together with the above action, granting the Complainant citizenship by registration has 9