Manning's deportation

Manning's deportation
By Editor
Tuesday June 17, 2008 [04:00]

It appears that our government officials, ministers in particular, do not learn from their past mistakes. We thought that the case of Roy Clarke’s attempted deportation a few years ago had presented government officials in general, and our ministers in particular several lessons, especially when it comes to the issue of deportations.

Home affairs minister Lt Gen Ronnie Shikapwasha was also minister in the same ministry when the government attempted to deport our columnist Roy Clarke. In fact, it is Lt Gen Shikapwasha who personally issued deportation orders against Roy.

This decision was successfully challenged in court and very fundamental issues were brought out by High Court judge, Philip Musonda, who handled the matter.

In a nutshell, judge Musonda established that Lt Gen Shikapwasha’s decision was irrational, did not follow rules of natural justice and was not proportionate to the alleged wrong on Roy’s part. In short, Lt Gen Shikapwasha’s decision was outrageous and defied the logic of accepted moral standards, that no sensible person who had applied his mind to the question to be decided could have arrived at such a decision.

Principles of natural justice are rules of fair play. One among these rules is that each party to a case must be given enough notice of the case so that he or she is aware of the allegations to be met. In other words, a person is supposed to be given an opportunity to be heard. He is not supposed to be condemned unheard. That is why even Jehovah God did not condemn Adam and Eve before hearing them, because he is a God of justice.

Therefore, any decision made in disregard of the rules of natural justice is ultra-vires, thus null and void. The essence of the rules of natural justice is to protect fundamental human rights because without these, man is as good as dead.

These are the lessons we learnt from Roy Clarke’s case. But Lt Gen Shikapwasha doesn’t seem to have learnt any lesson, looking at the way he deported Mbeza Safaris managing director Ian Manning. We do not know what crime Manning committed to deserve a deportation but clearly, the manner in which this deportation was effected leaves much to be desired. Without doubt, from the information we have so far, we can safely say that those dealing with Manning’s deportation have not followed the rules of natural justice.

Yes, the minister is legally entitled to exercise discretion in such matters. But we are also aware that such discretion is from time to time abused. Discretionary powers are abused if exercised for unauthorised purposes or when irrelevant considerations are taken in a matter.

Manning was last week whisked away and expelled from the country because, we are told, his temporal work permit had expired. But his wife Cathlin had an expired permit, which was not extended. Why hasn’t the same action been effected against her if it is a crime for one to remain in the country following the expiration of their work permit? As a matter of fact, Cathlin challenged the officers deporting Manning to do the same to her for the same reason. Why did they spare her?

We know the politics obtaining in the Safari business but it will be wrong for anyone to use the law to fix those who are considered or perceived to be enemies.

There is need for Lt Gen Shikapwasha to ensure that clarifications are made concerning Manning’s deportation in the spirit of upholding the rule of law. Otherwise those who feel or think that Manning is being victimised will get the benefit of doubt. His wife claims that Manning has been deported because he stepped on the toes of the powerful people in society.

Cathlin further claims that these powerful people want to alienate most customary land in the country and inflict poverty on the majority of rural people. These claims are serious and show that there is a problem somewhere which should be exposed and not concealed.

It should not be forgotten that President Mwanawasa’s government is premised on the adherence to the rule of law and observance of rules of natural justice. It will be a serious contradiction if President Mwanawasa keeps on preaching the observance of the rule of law when his ministers are busy defying the same principles.

Manning’s family, friends and relatives deserve to know where the government has taken him. They need to know about his safety and health. Does Lt Gen Shikapwasha realise the amount of mental torture and anguish that Manning’s family, relatives and friends are exposed to by not knowing his whereabouts? Why hold Manning incommunicado? Is this the rule of law?