The Lusaka High Court has granted an Egyptian doctor permission to apply for judicial review challenging the immigration department’s decision to deport him on grounds that he bought medicine for his private hospital from an unlicensed supplier.
Mohamed Magdy Mohamed Taiseer Shafik owner of Shafik mini hospital and Lilato Super market in Livingstone wants the court to declare that his deportation to Egypt was null and void and he should be allowed to return to Zambia.
Mr Shakif also wants the court to award him damages and declare that his purported warrant of deportation issued by the Minister of Home Affairs, Edgar Lungu as an agent of the State represented in this matter by Attorney General Mumba Malila was unlawful and constituted an abuse of power.
Mr Shakif of Nottiebroad, in Livingstone has in this matter dragged Mr Lungu and Mr Malila as first and second respondents respectively.
He has stated in his application that he left his country in 1991 when he came to Zambia under a cooperation programme between the two governments as a medical doctor specialised in surgeon.
He worked under the ministry of Health at Livingstone General Hospital until when his contract expired and he decided to change it into a permit resident.
[pullquote]Mr Shafik said when he asked about the reason for his deportation he was informed that he was a convict in a court case for allegedly sourcing medicines from an unlicenced supplier for his clinic.[/pullquote]
He later opened a private clinic which has grown into a mini hospital called Shafik Hospital but government in 2012 changed the entry permits for all foreigners in Zambia and all were requested to surrender their old ones for replacement.
Mr Shafik said on February 18, 2013 while he was attending to patients at his clinic five immigration officers approached him requesting that he accompanies them to the offices on pretext that they were going to issue him with a new resident permit.
He said when he got there, he was informed that he was being deported to Egypt and drove him to Ndola where he was put on a plane and sent back to his country.
Mr Shafik said when he asked about the reason for his deportation he was informed that he was a convict in a court case for allegedly sourcing medicines from an unlicenced supplier for his clinic.
He now wants the court to reverse Mr Lungu’s decision auguring that it was an abuse of power and was too harsh on him especially that he had already paid the K2000 he was fined by the court for buying medicine from an unlicensed supplier.
High Court Judge Chalwe Mchenga has since granted Mr Shafik leave to apply for judicial review and has set June 24, 2013 as the date for hearing the matter inter parte.
I hope this time the govt has followed the correct procedure to deport this chap otherwise in the recent past these deportation have backfired.
Sata and his stupiddy moroans are abusing power how many people buy midicines from unregistered pharmacies in compounds who not registered worse off buy antibiotics without a prescription. Why not punish the supplier for not being registered than the buyer who was already fined by the court. Foolishy Sata …bufi
But Sata uses unregistered doctors from India to treat .These chaps are not registered with the Health Professions Council of Zambia.I challenge the Minister of Health,plus child and Community whatever Dr.Christine Kaseba to deny.i have proof of this issue.They just performed some major surgery on Ukwa never done in Zambia before.Too much jealous ba Pa Fwaka.Allow him back work like the Indians and the Tanzanian witch doctor and Zimbabwean from Chongwe.
The Egyptian is married to a Zambian woman who was at one time Mayor of Livingstone. Its the wife’s political activities that have brought all this. PF are a primitive government.
I tend to agree with you. Is deportation the only thing that this government knows when it comes to foreigners? PF government is proving to be not only a tribalistic one but it is also slowly acquiring the tag of being a xenophobic one.
PF his wife to join but she refused, asked him to convince but she still refused hence decided to deport him just to punish her as they could not do anything to her.
…and they are denying charges of human rights violations.
@ Kalok ; Ignorance is bad.Do what he did in the US and you will see what will happen to you.Or maybe you just criticize for the sake of it.
@Haangonga, the things I have done and said here in the US would have got me violated in Zambia because there traditional culture has been confused with statutory rights! Do you have access to his entire judicial process before he was bundled out of the country? I do speak from a position of knowledge… remember that the same government reversed a deportation order of one Rwandese priest and an entire Minister even apologised… You feel me?
Its all about his wife refusing to stand on Parliamentaly Fraud ticket!
There must be more to this matter. Foreign people take advantage of Zambia because they have found Zambians to be too laid back! Some Zambians, instead of safeguarding the Zambian interest are already pointing fingers at PF! They would rather side with a foreigner than their own Zambians.
@ Hola, your concerns are understandable. However, Zambians should not do wrong things in the name of patriotism. Going by the story as reported above it does not justify deporting someone. Probably there is something that we have not been told.
Let the MAN come BACK
I’m afraid I will be the next person Edgar will deport back to Barotse for buy my raw materials for my makeshift restaurant from chisokone, kaili it’s an illegal market.
The trouble in Zambia is that there is no patriotism. UPND must be very careful. In the event that they assumed the instruments of power, all what they are doing will be done to them 10fold.
Why not arrest an illegal supplier instead?
Both the supplier and the buyer were convicted, but the supplier is Zambian.
Lungu nikusoba nzelu konse uku? This is truly, abuse of office and violation of human right. Can’t support you in this case.
It is hard to comment on some of these articles due to half-baked reporting. Too many pertinent details missing in this story to be able to say one way or other whether deportation was justified or not.
Now I am not even sure if the deportee is “Shafik” or “Shakif”! And can LT please explain to me what on God’s earth you mean by “a medical doctor specialized in SURGEON”? I thought a SURGEON is simply another name for a DOCTOR whose Specialty is performing some form of SURGERY (it could be any type of surgery: Brain, Cancer, Heart, etc.)
You really need to be a bit serious with your articles before you publish them!!!!!