Legal stories that made headlines
Mpho Mokwape | Monday December 27, 2021 06:00
The legal year is one of the interesting aspects of the judicial calendar. This is where legal minds are tested and tried, where one either rises to the occasion or folds.
The year-round is filled with litigations back-to-back and once in a while top cases involving prominent people take centre stage. This year was no different as the nation witnessed yet another interesting case featuring public figures.
No doubt the former president Ian Khama and former spy chief Isaac Kgosi’s back and forth legal tussles with the Directorate of Intelligence and Security (DIS) were the highlight of this legal year. In review, the two cases had the nation gasping for air and wondering what would be the next move from either side. The cases are not yet over but indeed, while filled with trepidation, they have offered an exciting year and it is only appropriate to take a look back at what transpired.
DIS versus Ian Khama
This year saw the start of a cat-and-mouse tussle between Khama and the DIS. It all started with the accusations by the spy unit that the former president had arms of war in his possession and that he was a national security threat. Once the ball started rolling as the nation kept an eye on it to make sense of what was going on, a warrant was obtained to search Khama to confiscate the firearms alluded to.
Interesting enough, the DIS as it has claimed the former president has arms of war have never revealed whether those firearms have been found or not. This issue has been raised in court so many times but it seems the DIS is not yet ready to divulge such information.
They were even accused of operating in dishonesty and pursuing the case only for ‘personal interest’. There is no doubt that the seeming tension between the former and the current leadership has been on the rise. Even a blind man can see that the tension seems to be rising as the days passed. In corridors, rumourmongers are attributing the tension to political score settlement.
As it stands it remains to be seen if the DIS is persecuting Khama or not with the impression they have given the nation.
Khama on one hand has been talking about the constant harassment and even left the country. Currently, he is in self-imposed exile in South Africa and no one knows when he will return. Even then, the spy unit is still fighting to access some of his property saying he has arms of war, something he has disputed so many times.
Khama has never been in court for any of his legal battles with the spy unit. His attorneys have been handling everything in his absence. How long will the tussle last between this pair is the question on everyone’s mind but the year is ending with everything pending.
DIS versus Isaac Kgosi
The former spy chief has always had it rough since he left the spy world. It has been one accusation after another and with some of the cases working in his favour than against.
But, when he thought the worst was behind him; this year saw the DIS pouncing on him once again. This time around he was accused of undermining the national security of the country.
I bet a lot of people were like ‘here we go again’ because the DIS has always been after Kgosi on different accusations and charges, but so far nothing has materialised, no conviction whatsoever. Kgosi was arrested and detained at Special Support Group.
With Kgosi, one thing for sure is that it has never been without drama and charged up emotions. The media frenzy also being another thing that heightened the already visible tensions between the parties.
When he (Kgosi) appeared in court for arraignment he seemed annoyed, especially that he said he was not allowed to contact his lawyers and that they were not aware of his arrest. The tension between the former spy chief and the team he used to lead is always the highlight of the case for many with the exchange of unpalatable words here and there.
Who can forget when an acquaintance brought him water and one agent from the DIS team took it threw it away in a dramatic fashion.
“Le metsi a metsi fela le a ntima! What is wrong with my friend bringing me water?” a stunned Kgosi bemoaned in frustration.
The drama is what everyone lives for. It’s always amusing when the tension rises and words and actions are captured on video. For some weird reason, the DIS action nowadays is considered mere stunts and the public is always ready to relish a good laugh despite what they are handling could be serious issues. Comic relief for many but either way we have to give it up to the DIS because, at the end of the day, it cannot be easy.
LEGABIBO versus State
The gay community’s cry for equal rights is not something new to the legal fraternity. The community has been bold enough to take the government to court for recognition and it has achieved victory for a new Botswana. This year the country saw the reemergence of the same-sex relationship case. As much as it was not a new case but a continuation of a 2019 one that many were anticipating its outcome, the highest court in the land was to put a final stamp on it.
The victory of the LGBTQIA (Lesbian, Gay, Bisexual, Transgender, Intersex, Queer and/or Questioning, and Asexual and/or Ally) community is something to be admired because since the judgment, it seems the visibility of the ‘rainbow nation’ as they are often affectionately called, has increased.
Lately, the gay community has taken its place in society and has become bolder, colourful and makes sure they are seen. The gay community for the longest time has been doing their thing behind closed doors, many afraid of the repercussions and judgemental looks.
But a new dawn is upon us with many coming out of the ‘closet’ being more open about their sexuality and whom they prefer as sexual partners. Social media has been a tool of expression since its inception and nowadays social media locally is where the expression by the gay community seems to be on the rise.
For example, on ‘TikTok’ the community has a handle under the banner ‘rainbow kids of Botswana’ where they can express themselves. Though the gay community has been visible, it seems the judgement has left a more positive outlook that they can even go out as couples without thinking that what they are doing may be considered illegal.
It has been a welcome step for them as a community and they will be hoping that in the near future, the public will witness gay marriages. Though the judgement does not cater for that provision, it is a step in the right direction.
The evolution of human rights advocacy and the ever-changing laws concerning human existence has been a stroke of luck for the homosexual community. The rainbow voice is now loud and the nation needs to anticipate more to come.
“There has been a material change of circumstances since the Kanane decision was rendered and therefore, sex between same-sex [couples] should be decriminalised,” in the words of the judges. These words will be written in history and will not be forgotten so easily by the gay community and the rest of the nation.