27. At the 18th Session held in October 1995, the Commission heard the counsel of the
Complainant, Mr Odinkalu. It was decided to defer the decision on the merits in order to allow some
time for the efforts at arranging an amicable settlement and, if necessary, the case would be reexamined at the 19th Session.
28. On 19th October 1995, the Secretariat received by fax a Note Verbale from the Ministry of
Foreign Affairs of Botswana with the information that the Head of State had granted Botswana
nationality to Mr Modise, and that his certificate of nationality had been sent to him by post on 26th
June 1995.
29. On 30th November 1995, a copy of this Note Verbale was dispatched to Mr Odinkalu with a letter
informing him that if the Commission did not receive any contrary information before its next session,
the granting of nationality would be considered an amicable settlement.
30. On 14th December 1995, the Secretariat received a letter from Mr Odinkalu, counsel to the
Complainant, indicating that he did not consider the granting of nationality as an amicable settlement
and asking the Commission to continue the examination of the case.
31. On 28th December 1995, the Secretariat received correspondence from Commissioner Dankwa
asking for copies of all documentation relevant to the case for his use during a mission to Botswana.
32. On 25th January 1996, the Secretariat received faxed correspondence from Mr Odinkalu
indicating his intention to send some supplementary information to the Commission.
33. On 13th February 1996, the Secretariat received a letter from Commissioner Dankwa asking for
copies of certain pages of Mr Modise’s passport. The Secretariat forwarded them to him by fax.
34. On 23rd February 1996, the Secretariat sent a fax message to Commissioner Dankwa inquiring
about the results of his mission to Botswana.
35. On 28th February 1996, Mr Odinkalu, counsel for the Complainant, presented an additional note
describing the special conditions of the nationality by naturalisation granted to Mr Modise.
36. On 1st March 1996, the Secretariat received a fax message from Commissioner Dankwa
informing it that he had not been able to carry out his mission to Botswana before the 19th Session.
37. During the 19th Session, the communication was not examined.
38. On 8th May 1996, a letter was sent to the Botswana government, acknowledging receipt of its
Note Verbale of 19th October 1995, and informing it that the communication had not been examined
at the 19th Session, but that it would be done at the 20th Session slated for October 1996.
39. On 8th May 1996, a letter was sent to the Complainant giving him the same information as
above. A copy of the Note Verbale addressed to the Commission by the government on 19th October
1995 was attached to the letter.
40. On 9th October 1996, the Secretariat of the Commission received a fax message from
INTERIGHTS, mainly to transmit a copy of Mr Modise’s letter stating that all domestic remedies had
been exhausted, and that even though the Government of Botswana had promised Commissioner
Dankwa that Mr Modise would be issued with a passport, his application had still not been approved
by the competent authorities.
41. On 10th October 1996, the Secretariat acknowledged receipt of INTERIGHTS’ correspondence.
42. At its 20th Session, held in Grand Bay, Mauritius, in October 1996, the Commission heard a
presentation made by INTERIGHTS. Following the hearing, it decided to defer a decision on the merits
to its next session in order to give more time to explore the avenue of an amicable settlement.