Malawi High Court Case: Immigration Law

What is the ultimate goal of the constitutional framers in creating a grievance redress system?

To promote, protect, and enforce human rights (correct)
To give authority to individuals to meddle with the rights regime
To create a narrow construction of the rights regime
To create a system that favors particular rights

What is the significance of using the plural 'rights' in section 15(2)?

To give importance to a particular authority
To create confusion in the rights regime
To underscore the corpus of rights in general (correct)
To emphasize the importance of a single right

What is the purpose of making citizens human rights vigilantes?

To undermine the human rights regime
To allow authorities to meddle with the rights regime
To protect citizens from excessive abuses and right violation (correct)
To promote a narrow construction of the rights regime

What does section 46 underscore?

The corpus of rights in general (D) Signup and view all the answers

What is the spirit of the constitutional provision?

To respect the corpus of rights in general (A) Signup and view all the answers

What is the occupation of Kasambala?

Legal Practitioner (B) Signup and view all the answers

Who is the applicant in this case?

Mrs. Thandiwe Okeke (C) Signup and view all the answers

What is the reason for the deportation of Mr. Peter John Okeke?

For breaking the country's immigration laws (D) Signup and view all the answers

What is the role of Chigawa in the case?

Assistant Chief State Advocate for the respondents (C) Signup and view all the answers

What is Mrs. Thandiwe Okeke seeking from the court?

Review of the immigration official's decision and compensation (C) Signup and view all the answers

What is the main focus of section 15(2)?

Ensuring the promotion, protection and redress of grievances in respect of certain rights (B) Signup and view all the answers

What is the position of the public officials regarding their actions?

They acted within their powers and justifiably (C) Signup and view all the answers

What is the result of agonizing over understanding section 15(2) and the Supreme Court decision in the Press Trust case?

One becomes more convinced that standing cannot be restricted to the person whose rights are violated (B) Signup and view all the answers

What does the phrase 'sufficient interest in the protection and enforcement of rights' imply in section 15(2)?

The person or group has a stake in the protection and enforcement of the rights (C) Signup and view all the answers

What is the meaning of the phrase 'redress of grievances' in section 15(2)?

A legal remedy for a violation (C) Signup and view all the answers

What is the purpose of the phrase 'Any person or group of persons' in section 15(2)?

To broaden the application of section 15(2) to include individuals and groups (B) Signup and view all the answers

What does the Supreme Court of Appeal decision in the Press Trust case suggest about section 15(2)?

It supports the idea that standing cannot be restricted to the person whose rights are violated (B) Signup and view all the answers

What is the primary purpose of the scheme mentioned in the passage?

To comprehensively prevent legislation and executive policies undermining fundamental rights (D) Signup and view all the answers

What is the significance of the phrase 'any person who claims' in subsection 2?

It allows anyone to claim, regardless of whether their rights were violated or not (A) Signup and view all the answers

What would be the apt wording if the framers intended the claimant's own right to be violated?

Any person who claims that his, her, or one's right protected by this constitution has been violated (D) Signup and view all the answers

What is the significance of the article 'a' in subsection 2?

It is a general word, broad enough to encompass the possibility that the claimant's rights need not necessarily be violated (C) Signup and view all the answers

What is the primary purpose of the locus standi provision in subsection 2?

To equip the citizen with the powers and mechanisms to promote rights generally (B) Signup and view all the answers

What should one do when interpreting the wording of subsection 2?

Look at the specific words that indicate the framer's intention (B) Signup and view all the answers

What was the reason for Mr. Okeke's arrest and deportation?

He never had a visa to enter Malawi (C) Signup and view all the answers

What did the United Nations Human Rights committee criticize?

The application of arbitrary immigration laws (B) Signup and view all the answers

What was the Chief Immigration Officer's reason for arresting and deporting Mr. Okeke?

Mr. Okeke never had a visa to enter Malawi (C) Signup and view all the answers

What did the Immigration Act require the immigration authorities to do?

Give the deportee a written notice of the reasons for deportation (C) Signup and view all the answers

Why was it important to give a written notice to Mr. Okeke?

To inform him of the Appeal procedures (C) Signup and view all the answers

Why did the applicant think the decision discriminated against her husband?

Because he was a Nigerian and apt for mischief (B) Signup and view all the answers