Gemcanton chief fights for come back

GEMCANTON mining boss Nefussy Eliezer has challenged his deportation from the country in the Lusaka High Court after the immigrations department bundled him out of the country on November 28 2017.

Mr Nefussy yesterday filed a notice to apply for judicial review in the Lusaka High Court. He has sued the Attorney General on grounds that the decision of the ministry of Home Affairs to deport him to Namibia without being accorded an opportunity to be heard were not in accordance with the rules of natural justice and well established procedure on deportation.

Mr Nefussy who is a shareholder in Gemcanton Investments Holdings Limited, an emeralds mine situated in Lufwanyama District on the Copperbelt province seeks an order to quash the decision of the Minister of Home Affairs to deport him without following the well-established procedures and rules of natural justice.

He requested a hearing before a judge pursuant to rule 3 (3) of order 53 of the Rules of the Supreme Court of England 1999 edition.

‘‘Further that if leave applied for is granted, the direction that such grant should operate as a stay of the decision to which the application relates pursuant to order 53 rule 3(10) of the rules of the Supreme court.’’

Mr Nefussy claimed that the decision of the Minister of Home Affairs to refuse 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.

He asked the High Court to exercise its jurisdiction to review the decisions of the Ministry and to quash and stay such decisions as they are unreasonable and unjust.

And earlier the Immigration Department Public Relations Officer Namati Nshinka confirmed that Mr Nefussy was deported to Namibia together with another employee identified as Sher Eli.

Mr Nshinka stated that Nefussy was deported in accordance with section 39(2) of the Immigration and Deportation Act No. 18 of 2010.