- The case in which a University of Botswana political science professor, Kenneth Good, is challenging a presidential decree declaring him a Prohibited Immigrant, commenced at the Lobatse High Court yesterday. Professor Good, an Australian citizen, allegedly is deported over a paper criticizing Botswana's democratic standards.
Mr Good was served with a deportation order on 18 February and given three days to leave the country. The order was decreed by Batswana President Festus Mogae in person. According to Mr Good and human rights groups in Botswana, the deportation order was triggered by a political science paper co-authored by Mr Good, where he criticises the future power transition from President Mogae to Botswana's controversial Vice-President as undemocratic.
The political science professor immediately challenged the deportation order as being unconstitutional. He has lived and worked in Botswana for 15 years and claims to have a constitutional right to be protected against presidential decisions against his person. The Lobatse High Court on 28 February granted Good a stay of execution, allowing him to challenge the deportation.
Professor Good's case against the Botswana government was scheduled to start yesterday. Chief State Attorney, Moemedi Modisenyane, however told the independent 'Mmegi' daily newspaper that this was not possible as 2 May was a public holiday.
Attorney General Ian Kirby, Deputy Attorney General, Abraham Keetshabe, and Modisenyane will represent the state. Mr Modisenyane and Mr Keetshabe also represented the state when it challenged a court order granted to Mr Good by Justice Moatlhodi Marumo on 18 February.
Mr Good's legal team comprises attorneys Dick Bayford, Duma Boko and Joao Salbany. The case will be before three judges, Stanley Sapire, John Mosojane, and Stephen Gaongalelwe. Mr Sapire is no stranger to the case. He ruled against the state when it challenged the court order granted by Mr Marumo giving Mr Good a stay of execution to challenge the deportation order.
National and international human rights groups are supporting Professor Good's challenging of the deportation order, saying the academic is being denied his freedom of expression. Ditshwanelo, the Botswana Centre for Human Rights, has earlier claimed that the President's decision was violating Mr Good's individual human rights.
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