The High Court has allowed two Rwandan refugees to start judicial review proceedings against the Zambian government for deporting them without following the law and international protocols.
The two, Innocent Habumugisha and Edige Kazuba Rwasibo, had applied to the High Court for Permission through their lawyer Dickson Jere of Mvunga Associates asking the Court to quash the deportation by the Minister of Home Affairs as illegal.
Habumugisha is a businessman while Rwasibo is a medical doctor at UTH.
“It is hereby ordered that the applicant be and hereby granted leave to apply for judicial review in the matter,” read the order by Judge Mubanga Kondolo signed on February 12th, 2016.
The two refugees were abducted by the Zambian law enforcement agencies in December 2015 and bundled on Air Rwanda on suspicion that they we a danger to national security although they had legitimate documents to show that they were refugees.
Their wives and children remained in Zambia as refugees.
The deportation was done in contravention of the Zambian law as well as the international law under the 1951 Refugee Convention which prohibit the deportation of refugees to countries where they fled .
Zambia is a part to the 1951 Refugee Convention but the minister went against well established and recognised international law, which was domesticated in Zambia under the Refugee Act of Zambia.