High Court judge Mwape Bowa says the deportation of GemCanton Investments Holding co-chief executive officer Eliezer Nefussy by home affairs minister Stephen Kampyongo is reasonable.
Nefussy, a Namibian had sued the Attorney General and was seeking an order quashing the decision of the minister to deport him on November 28, last year, which he said did not follow the well established procedures and rules of natural justice.
He had stated that the decision of the minister to deport him was illegal, unjust, unconstitutional and unreasonable.
Nefussy stated that Kampyongo’s refusal to rescind his decision of deporting him even when he was informed that his action was contrary to the rules of natural justice, was illegal and unreasonable.
Last year, judge Bowa granted Neffusy leave to challenge the decision, saying the applicant had an arguable case but refused to stay the decision of the minister to deport him because there was nothing to stay.
And in his judgment, judge Bowa said he was not in a position to find from the evidence that the deportation had anything to do with the perceived conflict between the applicant and his business partners or if the named business partner used his imputed (connections) to instigate the deportation.
“What is before me is evidence that there was an allegation of torture of suspected illegal miners at Gem Canton Mine, that the applicant and another director were considered suspects and were subsequently implicated after an investigations leading to a deportation pursuant to section 39 (2) of the Immigration and Deportation Act No 18 of 2010,” he said.
Judge Bowa said the reasons for the deportation were explained, adding that Neffusy was accorded fair treatment in the process.
“I therefore, do not find any illegality, unreasonable, or procedural impropriety in the manner the power was exercised and decline to grant the relief sought. I make no order as to costs,” said judge Bowa.