n Lesotho Law Journal - The deportation process and the right to be heard in Botswana in the light of Kenneth Good v Botswana

Volume 20, Issue 1_2
  • ISSN : 0255-6472



The advent of the discourse of human rights has affected governments' business in no small manner, albeit for the good. As democracy, good governance and the rule of law gain foothold in a state, laws of the state need to be changed to keep pace with changes in values and polity. Whereas in Botswana several laws in various spheres have changed responding to these circumstances, the Immigration Act remains replete and laden with archaic provisions that are not congruent with human rights notions. Of concern to this article are those provisions in the Act which deny a person affected by deportation the right to be heard. This article interrogates these laws in the light of the decision of Kenneth Good v Botswana within the context of international law and recent decisions of progressive courts such as those of Canada, the UK, etc. The article concludes that these provisions have no place in a democratic set-up such as the one obtaining in Botswana and ought to be repealed.

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