to citizenship by birth, which he deserves as of right. One of such consequences is that he cannot vie
for the highest elected political office in the country, that is, the presidency of the Republic of
Botswana. This fact has been admitted by B. K. Sebele, Permanent Secretary, Ministry of Labour and
Home Affairs of the respondent state to the effect that: "Except for being barred to be elected or
becoming President of Botswana, he enjoyed all other rights enjoyed by a citizen of Botswana." (See
paragraph 2, page 3 of Mr Sebele's letter of 9th December 1998).
97. While this may not seriously affect most individuals, it is apparent that for Mr Modise, such a legal
disability of grave consequence. Considering the fact that his first deportation came soon after he
founded an opposition political party, it suggests a pattern of action designed to hamper his political
participation. When taken together with the above action, granting the Complainant citizenship by
registration has therefore gravely deprived him of one of his most cherished fundamental rights, the
right to freely participate in the government of his country, either directly or through elected
representatives. It also constitutes a denial of his right of equal access to the public service of his
country guaranteed under Article 13(2) of the Charter. Article 13 of the Charter provides:
(1) Every citizen shall have the right to participate freely in the government of his country, either
directly or through freely chosen representatives in accordance with the provisions of the law
(2) Every person shall have the right of equal access to the public service of his country.
Holding
For the above reasons, the Commission
Holds a violation of Articles 3(2), 5 , 12(1) and (2), 13 (1), and (2), 14 , 18(1) of the African Charter.
Urges the Government of Botswana to take appropriate measures to recognise Mr John Modise as a
citizen of Botswana by descent and also to compensate him adequately for the violations of his rights
occasioned.
Cotonou, Benin, 23rd October to 6th November 2000.