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Human Rights groups to judge Madonna fitness to adopt
From Mabvuto Banda
LILONGWE—Madonna
may face a battle to keep the one-year-old Malawian boy she has adopted
after the country’s high court allowed human rights groups to
participate in a judicial review of the case. Legal experts said the
order would have no immediate impact on David Banda, who has been living
at the pop star’s London home since she took custody of him in October.
The ruling also offered some relief for Madonna as it did not amount to
a green light for the rights groups to mount a full challenge against
the adoption. Justin Dzonzi, a lawyer for the applicants, acknowledged
as much but said it would help clarify Malawi’s laws on adoption.
“We are not saying that David should come back, but rather help change
the law and assist the court to make a proper decision on whether to
grant Madonna full adoption rights,” he said. Madonna’s lawyer Alan
Chinula said he had no objections to the ruling, which is unlikely to
require Madonna to return to the southern African country any time soon.
“In my submissions to court earlier, I did not object to their
applications and arguments as regards the law and therefore I do not see
any problems with the order,” he said. There was no immediate comment
from Madonna’s representatives in London and New York.
COURT HEARINGS
Madonna signed interim adoption papers when she and her husband, film
maker Guy Ritchie, visited in October on what they said was a
humanitarian mission to help Malawi orphans. The coalition of 67 rights
groups will now be allowed to take part in all court hearings on
granting a permanent adoption order, expected in 18 months.
The rights groups had sought to lodge a court challenge against the
interim adoption, arguing the speedy granting of custody violated
Malawi’s decades-old ban on adoptions by non-residents. Under the
interim order, David Banda was to stay with Madonna for 18 months during
which time his progress would be monitored by Malawi officials before
final approval may be given for him to remain with her family.
Judge Andrew Nyirenda said the rights groups, who were later joined by
Malawi’s Human Rights Commission, had demonstrated there was a case to
be heard. “The applicants have made it clear that they would not be
commenting on the facts, but only critical areas of law because of the
importance of the matters under consideration so that appropriate
jurisprudence be developed for future guidance,” he said in his ruling.
Madonna’s plans to adopt David Banda were quickly complicated by the
appearance of the boy’s father Yohane Banda, who said he had not been
properly advised of the singer’s plan to take his son away permanently.
David Banda had lived in an orphanage since the death of his mother, and
Yohane Banda later said he hoped Madonna would take good care of his
son. Madonna already has two children — daughter Lourdes, 10 and son
Rocco, 6. |