ACHPR Comm 212/98 : Amnesty International / Zambia

Published: 5/May/1999
Source: African Commission on Human and Peoples' Rights

1.The communication is submitted by Amnesty International on behalf of William Steven Banda and John Lyson Chinula.

2. Complainant alleges that Zambia has violated the provisions of African Charter in that:

3. Mr William Steven Banda was served with a deportation order on 10th November 1991. The reason given was that “in my opinion by his presence he (is) likely to be a danger to peace and good order in Zambia”. He contested the order through the courts of Zambia.

[…]

5. John Luson Chinula was removed from his home in Ndola on 31st August 1994. He was driven to Lusaka International Airport with the intention of deporting him. He was served with a deportation order signed by the Minister of Home Affairs alleging that he was a threat to Zambia’s peace and security. He was forcibly sedated and later found himself at Lilongwe Police station in Malawi. His Warrant of Deportation also alleged that he was “by his presence, likely to be a danger to peace and good order in Zambia”. No reason in law or in fact was advanced for this finding.

Download decision: achpr25_212_98_eng

Themes: African standards, Deportation and Mass Expulsions, Deportations, Nationality of Politicians, Statelessness
Regions: Southern Africa, Malawi
Year: 1999