ConCourt asked to get to bottom of Rashid mystery
Publish date: 13 March 2007
Issue Number: 1784
Diary: Legalbrief Today
Category: Human rights
The Wits Law Clinic has launched an application asking the Constitutional Court to help unravel exactly what happened to terror suspect Khalid Rashid after he was arrested and flown out of SA to Pakistan 17 months ago.
His whereabouts are still unknown. The law clinic, represented by Anton Katz and Max du Plessis, wants to appeal against a Pretoria High Court decision which upheld Rashid\'s arrest and deportation as lawful, according to The Star. Home Affairs successfully argued in the Pretoria High Court last year that Rashid had been deported because he had admitted to entering SA illegally and had chosen to be deported at the first possible opportunity. In court documents, Katz and Du Plessis drew attention to the fact that, when Rashid was handed over to Habib Allah, a Pakistani official, Allah had signed a body receipt for transfer of detained persons form a procedure they described as highly irregular. In the light of these facts, the advocates contend that Home Affairs\' sanitised version of the deportation is not convincing. At worst (Rashid) has been extraordinarily rendered to Pakistan under circumstances which suggest that he may now be dead or detained and interrogated in a third state, say the advocates representing the law clinic. Full report in The Star