43. On 12th December 1996, the Secretariat addressed a Note Verbale to that effect to the
government.
44. On 12th December 1996, the Secretariat addressed a letter to that effect to INTERIGHTS.
45. At its 21st Session in April 1997, the Commission decided to close the case, by considering that
Mr Modise’s naturalisation constituted an amicable settlement of the matter.
46. On 11th June 1997, the Secretariat notified the Complainant, the State Party and the
Complainant’s counsel, respectively.
47. On 16th June 1997, the Secretariat received a fax message from INTERIGHTS, indicating that it
was not satisfied with the Commission’s decision and that it was consequently calling for the matter to
be reopened.
48. On 19th June 1997, the Secretariat acknowledged receipt of INTERIGHTS’ letter of 16th June
1997, while also explaining the decision taken by the Commission.
49. On 26th June 1997, a letter was written to Mr Modise on the subject, with a copy to
INTERIGHTS.
50. On 18th July 1997, the Secretariat received a letter from INTERIGHTS subtitled “Reopening of
Communication 97/93”, together with a nine-page explanatory note.
51. On 29th July 1997, the Secretariat wrote a letter to Commissioner Dankwa, with INTERIGHTS’
explanatory note attached, calling for his opinion as Rapporteur on the communication.
52. At its 22nd Session, held from 2nd to 11th November 1997, the Commission decided to accede
to INTERIGHTS’ request to reopen the case and therefore to re-examine the reasons that led its
previous decision, which considered that the communication had been closed on the basis of an
amicable settlement. The Commission further requested Botswana to provide it with information on the
terms of the settlement reached between the two parties, the directives regarding its implementation,
as well as the type of citizenship granted to Mr Modise.
53. On 18th November 1997, the Secretariat wrote to the parties to inform them of the Commission’s
decision.
54. On 11th February 1998, the Secretariat addressed a reminder Note Verbale to Botswana’s
Ministry of Foreign Affairs.
55. By the 23rd Session, the government of Botswana had not yet reacted to the above-mentioned
request. The Commission consequently requested the Secretariat to remind the government about the
request.
56. On 10th August 1998, the Respondent State responded to the request.
57. At its 24th Ordinary Session held from 22nd to 31st October 1998, the Commission heard Mr
Botsweletse Kingsley Sebele, Secretary General of the Botswana Ministry of Labour and Home
Affairs. He stated that the laws of his country could not give Mr Modise any status other than that
which he has already been granted, adding that Mr Modise had obstinately refused to co-operate with
the government of Botswana. The Commission thereafter deferred a decision on the merits to its 25th
Session.
58. On 10th November 1998, the Secretariat wrote to the parties concerned informing them of the
Commission’s decision.