Zambia: Roy Clarke v. The Attorney General
Published: 24/Jan/2008
Source: Supreme Court of Zambia
THE SUPREME COURT OF ZAMBIA, Appeal No. 96A/2004
This is an appeal, by the Attorney General, against the decision of the High Court which nullified the deportation of the Respondent by the Minister of Home Affairs, hereinafter referred to as the Minister, on the ground that the deportation violated the Constitution, section 26(2) of the Immigration and Deportation Act, and for procedural impropriety and being Wednesbury unreasonable.
The fact of this case, as revealed by the affidavits, can be briefly stated. The Respondent, who gave his profession as a journalist is a British national, holding established resident status in Zambia. He contributes with the Post News Papers Limited under a column called the Spectator”. On 1st January, 2004, the Respondent submitted a satirical article entitled “Mfuwe”. As a result of this satirical article, the Permanent Secretary in the Ministry of Home Affairs, one Peter Mumba, hereinafter referred to as the Permanent Secretary, issued a statement that he had recommended to the Minister that the Respondent be deported. This statement appeared in the Daily Mail and the Post Newspaper of 5th January, 2004. On the same day, while addressing cadres of his party, the MMD, the Minister said that the Respondent would not have more than twenty – four hours in the country. Curiously, a warrant for the deportation of the Respondent had already been signed by the Minister on 3rd January, 2004.
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