No criminal proceedings against Khama
Mpho Mokwape | Monday September 5, 2022 06:00
Khama, who was slapped with 14 charges ranging from illegal possession of firearms and ammunition, has never set foot back into the country since his self-imposed exile in South Africa and the State is finding it difficult to serve him with the charge sheet.
According to his lawyers, until Khama is lawfully served with a summons, personally there was no need for them as his attorneys to even attend court meaning the happenings in court regarding the case have nothing to do with the former president.
“Khama nor his attorneys are not bound to attend court because technically criminal proceedings against him have not commenced until he is lawfully served with a summons personally,” information sourced from Ramalepa Attorneys says.
The lawyers were on Tuesday not in court although Khama and his co-accused including former spy chief, Isaac Kgosi, suspended police commissioner Keabetswe Makgophe and suspended Deputy Permanent Secretary in the Ministry of Youth, Gender, Sports and Culture (MYSC) Bruno Paledi appeared in court.
His co-accused were present together with their attorneys except Khama and his attorneys who said there has not been much happening with their client's case therefore, they are not obliged to attend. Reportedly, the State has not been saying anything about Khama in the case unless the attorneys make inquiry leaving them with no choice but to play the waiting game.
“Nothing is forthcoming from the State about Khama regarding the case unless we ask. We will wait until they take some action,” reasoned the lawyers. Ramalepa Attorneys’ absence from court was also apparently due to the reason that the Directorate of Public prosecutions (DPP) has since April 19, 2022 failed to serve Khama with summons therefore, as per the Criminal Procedure and Evidence Act, no proceedings have commenced against him. Further, the attorneys had indicated that they were not sure about any application for extradition since the State had in the last court appearance said it would do so. The State had on June 6 indicated that it would like to extradite Khama into the country to face criminal charges but almost two months later no progress had been made yet.
Khama was supposed to appear before court with his co-accused on that set date but he was a no-show and the State was quick to tell court that it would apply for extradition as it had failed to serve him with the charge sheet.
The former president, being the first statesman to be slapped with criminal charges post his tenure, has hinted that he will make his return soon to the country. Though he has not put a time frame as to how soon it would be for his return, the State might be remaining hopeful that he would eventually return and they find an opportunity to serve him with the charges and finally commence court proceedings.
As of now Khama reportedly remains a free citizen who has not run away from the law as he had gone to SA on his own will and not obliged to return according to anyone’s timeline. Meanwhile, the Khama and company case has been postponed to November 3, 2022 because the case has not been allocated a substantive Magistrate. Former Regional Magistrate, Masilo Matlhaka, initially presided over the matter.