over executive decisions particularly on issues of deportation. For instance, the Commission has found a violation of Article 7.1 of the Charter when the Rwandan Government expelled refugees in Rwanda 40 without giving them the opportunity to be heard by the national judicial authorities . 179. In the present Communication, after the order from the President to expel the victim, the latter challenged the said order in the High Court and Court of Appeal. Both Courts declined to examine the merits of the case citing Sections 11(6) and 36(a) of the Botswana Immigration Act which prohibits them from doing so. The refusal of the Courts to review the President’s decision foreclosed any avenue available to the victim to seek remedy. Thus, while the victim was able to access judicial organs to have his cause heard, the ouster of the jurisdiction of the organs made that access illusory as the organs have been prevented by law from entertaining the victim’s grievance. It therefore means that as far as the victim’s case is concerned, there is no competent national judicial organ within the Respondent State, as a tribunal which is competent in law to hear a case that has been given that power by law and has jurisdiction over the subject matter and the person. In the present case, the High Court and the Court of Appeal have not been given that power and consequently do not have jurisdiction over the subject matter. 180. The Commission is of the view that Sections 11(6) and 36(a) of the Botswana Immigration Act which prohibit a review of the President’s decision absolves all judicial organs of competence in the matter thus depriving victims whose rights are threatened or actually violated by the President’s decision from being heard by the judicial organs to protect their rights. This kind of arrangement does not only violate Article 7.1.a of the African Charter but also threatens the independence of the judiciary guaranteed under Article 26. Alleged Violation of Article 9 181. The Complainants allege violation of Article 9 of the African Charter arguing that the comments expressed by the victim in the article he published, that is, “Presidential Succession in Botswana: No Model for Africa”, were opinions expressed in the course of his functions as Professor of Political Science at the University of Botswana, and these comments were academic in nature and related to the functions of government in a democratic society. They submit that such critique was an inherent aspect of the exercise of his functions as an academic in the field, who was not only entitled but effectively compelled by his discipline to be prepared, where appropriate, to write critically about government issues. As political speech, related to his academic functions, it was speech deserving of particular protection in line with the legal authorities referred to above, and restriction of which could only be justified in the most exceptional circumstances. The Complainants submits that the expulsion of the victim was not based on security concerns but rather to suppress his political analysis and criticism. The Complainants aver further that the complete absence of any reasons given to the victim, the Court or – thus far – the Commission, also makes it impossible to conduct a necessity and proportionality analysis of measures adopted, and leads inevitably to the conclusion that the interference cannot be justified within the law. 41 182. The Complainants also submits that Section 36(a) of the Botswana Immigration Act prevented the victim from receiving information as to the grounds on which he was declared a prohibited immigrant or visitor to Botswana. The denial of such information according to the Complainants violates the right to receive information which contravenes the requirements ofArticle 9.1. 183. The Respondent State in its submissions did not address the alleged violation of Article 9. 184. The Commission will accordingly proceed to analyse the submission of the Complainants to ascertain whether Article 9of the Charter has indeed been violated. 185. Article 9 of the African Charter states that: ‘1. Every individual shall have the right to receive information. 2. Every individual shall have the right to express and disseminate his opinions within the law’. Thus, under this provision there are two rights protected: the right to information and freedom of expression; and the Complainants allege the violation of both rights. 186. The right to information, which also forms part of freedom expression, is a widely recognised right in international and regional human rights law. Article 19 of Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) protect freedom of expression and hence the right to information. In these two instruments freedom of expression is