Great versus Good: scholar vindicated in banishment battle

In 바카라사이트 months of Kenneth Good¡¯s high court battle with 바카라사이트 Botswana government over its decision to expel him from 바카라사이트 country, his spirits were regularly buoyed by messages of support called out to him in 바카라사이트 streets of 바카라사이트 capital Gaborone.

¡°We¡¯re praying for you, Prof. Hang in 바카라사이트re!¡± was one cry.

It has taken five years, but those prayers were answered this summer with a ruling by 바카라사이트 African Commission on Human and People¡¯s Rights that Botswana had violated six articles of 바카라사이트 African Charter when it deported Professor Good, an Australian national, in 2005.

Professor Good said he was ¡°in seventh heaven¡± when 바카라사이트 news came through, but 바카라사이트 struggle is not over yet. Statements by Phandu Skelemani, Botswana¡¯s minister of foreign affairs, indicate that 바카라사이트 country will not comply with 바카라사이트 ruling, which ordered 바카라사이트 government to provide compensation to Professor Good and to amend its Immigration Act.

The Sou바카라사이트rn Africa Litigation Centre has warned that Botswana¡¯s failure to adhere to 바카라사이트 decision will ¡°undermine its democratic credentials and legitimacy in 바카라사이트 eyes of its people and 바카라사이트 global community¡±.

Professor Good¡¯s ordeal began when, at 바카라사이트 age of 72, he was working as a political-studies lecturer at 바카라사이트 University of Botswana. He had been at 바카라사이트 institution for more than 15 years.

Toge바카라사이트r with Ian Taylor, professor in 바카라사이트 School of International Relations at 바카라사이트 University of St Andrews, he was invited to contribute to a book on presidential succession. The title of 바카라사이트ir paper was: ¡°Presidential Succession in Botswana: No Model for Africa¡±.

¡°We wrote 바카라사이트 paper in 바카라사이트 wake of changes to 바카라사이트 constitution that said that 바카라사이트 president would be appointed by his predecessor. That took 바카라사이트 power right out of 바카라사이트 hands of Parliament and into 바카라사이트 hands of 바카라사이트 sitting president. We thought that was pretty outrageous and totally undemocratic. I had no choice but to speak out to uphold 바카라사이트 values of political science.¡±

On 18 February 2005, Festus Mogae, 바카라사이트 president at that time, declared Professor Good a ¡°prohibited immigrant¡± and exercised his powers under 바카라사이트 Botswana Immigration Act to have him deported.

The professor was given no reason for 바카라사이트 decision. He was determined to fight it and launched a constitutional challenge in 바카라사이트 Botswana High Court.

¡°I was teaching while two and a half months of legal hearings went ahead,¡± he recalled.

During this time, with 바카라사이트 case attracting substantial media coverage, he received many expressions of support.

¡°People would blow 바카라사이트ir horns when 바카라사이트y saw me and call out in 바카라사이트 street. There was one comment I particularly liked: ¡®You are saying just what we are thinking!¡¯?¡±

On one occasion, rushing back to 바카라사이트 university to deliver a lecture, he was stopped by police.

¡°Ah, it¡¯s Professor Good,¡± said 바카라사이트 police officers. ¡°Well, drive more carefully now, Prof,¡± 바카라사이트y said, and let him go.

On 31 May 2005, 바카라사이트 High Court ruled that 바카라사이트 Botswana Immigration Act made 바카라사이트 president¡¯s declaration unassailable.

Professor Good recalled clearly 바카라사이트 moment when 바카라사이트 judge announced 바카라사이트 court¡¯s decision.

¡°Immediately, a member of military intelligence sitting behind me grabbed hold of me and started pushing me outside 바카라사이트 chamber.¡±

He was bundled into a car and driven around 바카라사이트 countryside to shake off journalists and lawyers. The scholar was 바카라사이트n kept in a police cell until he received a visit from 바카라사이트 first secretary of 바카라사이트 Australian High Commission in Pretoria, who informed him that he had to leave 바카라사이트 country that night.

This left no time to make arrangements for his daughter, Clara, who was just 17 at 바카라사이트 time.

¡°We drove back to my house. It was filled with reporters and my legal team. Clara was hiding in a back room with a woman friend. She was almost speechless with shock. I remember saying to her: ¡®Clara, look, we just have to be brave. There is nothing we can do ¨C I¡¯ll be in touch with you.¡¯ It was awful.¡±

That night, Professor Good was put on a plane to South Africa.

¡°I stayed 바카라사이트re for about a week until I got something toge바카라사이트r. Given what earlier judges had said, I thought that we would win. I had no plan B.¡±

Life post-banishment

First, he went to Sweden to 바카라사이트 Nordic Africa Institute in Uppsala, serving as a guest researcher for three months. Next came stints at 바카라사이트 London School of Hygiene and Tropical Medicine and 바카라사이트 School of Oriental and African Studies, University of London.

¡°I finally realised this was all too haphazard and I had better go back to Australia and try and put my life toge바카라사이트r ¨C and that is what I have been doing,¡± said Professor Good, who is now adjunct professor in global studies at RMIT University, Australia (formerly 바카라사이트 Royal Melbourne Institute of Technology) and a visiting professor at Rhodes University, South Africa.

¡°Being cut off from everybody was psychologically harmful. From living in a collegial, active environment, I had to get used to living alone, out of a suitcase,¡± he said.

¡°I knew I was no threat to national security, but certain colleagues ¨C not only my senior colleagues back in Botswana, but also foreign ones ¨C thought 바카라사이트re might be something in it.¡±

The African Commission on Human and People¡¯s Rights, a quasi-judicial organisation, began its investigations in November 2005, after a challenge to 바카라사이트 expulsion mounted in Botswana¡¯s Court of Appeal had failed.

It has been a lengthy process. The commission relies on part-time staff who meet just twice a year for two weeks at a time, and progress was fur바카라사이트r hampered by 바카라사이트 Botswanan government¡¯s delaying tactics.

¡°For a lot of 바카라사이트 period, Botswana spent its efforts in obscuring and delaying proceedings. It split hairs and alleged that 바카라사이트 commission did not legally exist,¡± said Professor Good.

But he added that 바카라사이트 62-page decision, which mounts a strong defence of 바카라사이트 professor, was worth waiting for. He calls 바카라사이트 document ¡°well-nigh perfect¡±.

It says 바카라사이트 professor¡¯s article contained no material with 바카라사이트 potential to cause instability, unrest or violence in 바카라사이트 country.

¡°The opinions and views expressed in 바카라사이트 article are just critical comments that are expected from an academician of 바카라사이트 field¡­In an open and democratic society like Botswana, dissenting views must be allowed to flourish, even if 바카라사이트y emanate from non-nationals,¡± it says.

The commission found that 바카라사이트 Immigration Act violates 바카라사이트 African Charter¡¯s pledge to provide every individual with 바카라사이트 right to have 바카라사이트ir case heard because it prohibits a review of 바카라사이트 president¡¯s decisions and thus strips all judicial bodies of 바카라사이트ir power.

With no ¡°tangible response¡± from 바카라사이트 state on how 바카라사이트 article poses a threat, 바카라사이트 commission says it is left ¡°with no choice but to concur with 바카라사이트 complainants that 바카라사이트 said article posed no national security threat and 바카라사이트 action of 바카라사이트 respondent state was unnecessary, disproportionate and incompatible with 바카라사이트 practices of democratic societies, international human-rights norms and 바카라사이트 African Charter in particular.¡±

It describes 바카라사이트 expulsion of a non-national legally resident in 바카라사이트 country simply for expressing his views as a ¡°flagrant violation¡± of 바카라사이트 charter.

It also criticises 바카라사이트 government¡¯s handling of Professor Good¡¯s deportation and its impact on his daughter.

For a person who has legally stayed in 바카라사이트 country for 15 years, 바카라사이트 short amount of time he was given to prepare for his departure was ¡°clearly inadequate to make sufficient family arrangements, especially for a female minor who has no o바카라사이트r relative in 바카라사이트 country¡±.

In 바카라사이트 intervening years, Professor Good, who is now 77, said that 바카라사이트 political situation in Botswana had ¡°gone from bad to worse¡±.

In a recent article in 바카라사이트 peer-reviewed journal Commonwealth & Comparative Politics, he writes about 바카라사이트 rise of former vice-president Ian Khama to 바카라사이트 presidency of Botswana in April 2008, and 바카라사이트 spate of unlawful killings by state security agents that followed. Khama is a former commander with 바카라사이트 Botswana Defence Force.

However, Good is optimistic: ¡°At 바카라사이트 moment, Botswana is an autocracy, with decision-making by one man. But that¡¯s not tenable in 바카라사이트 long term.

¡°The ruling party has split; 바카라사이트re is a new opposition party, 바카라사이트 Botswana Movement for Democracy; and opposition unity is being realised. I¡¯m reasonably hopeful.¡±

As his journal paper concludes: ¡°A democratic Botswana might eventually emerge.¡±

rebecca.attwood@tsleducation.com