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African Commission on Human and Peoples' Rights

313/05 Kenneth Good / Republic of Botswana

States Botswana
Date May 26 , 2010
Session 47th Ordinary SessionMay 12 to May 26 , 2010

Decided on merits

Violated Articles: Articles: 1, 2, 7.1a, 9, 12.4, 18.1, 18.1
Alleged violated articles : Articles: 1, 2, 7.1a, 9, 12.4, 18
Non violated articles :

African Charter on Human and People’s Rights (ACHPR) – teacher expelled from the country by the President of Botswana due to a critical article about the presidential succession in Botswana - section 7(f) of the Botswana Immigration Act.

Whether local remedies were exhausted by the complainant.

Whether the ACmHPR exists after the extinction of the Organization of African Unity (OAU).

Whether the ACmHPR has competence rationae materae in immigration and national security matters.

Whether respondent is in violation of state-party obligations under article 1 of ACHPR.

Whether the respondent is in violation of the following guaranteed rights under ACHPR: Right to Freedom from Discrimination; Right to Fair Trial; Right to Receive Information and Free Expression; Right to Freedom of Movement; Right to Protection of the Family and Vulnerable Groups.

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