Khama's move plunges Judiciary deeper into crisis
Goitsemodimo Kaelo | Tuesday October 18, 2022 06:00
This is after the former statesman’s lawyers walked out of the Court of Appeal (CoA) proceedings on Friday on his instructions.
The lawyers had told the court that they have instructions from their client not to participate in the proceedings should Judge President Tebogo Tau refuse to address his plea to constitute an independent bench.
Khama’s attorney, Unoda Mack said their client is concerned about the impartiality of the bench hearing the appeals against him, as he said he has been told that judgments have already been written, which renders the hearing just a mere formality.
Mack left the CoA justices in wonder as he could not explain if their non-participation meant they were not defending the appeals altogether or leaving it for the court to decide.
He also cited the contents of a letter dated October 10 that Khama wrote to the Judge President through his lawyers, Ramalepa Attorneys. In the letter, the former president said he was disturbed by allegations of political interference with the Judiciary both at the High Court and the CoA.
“The recent accusations and counteraccusations by and between Chief Justice (Terrence) Rannowane and Justice Ketlogetswe of the High Court and the most recent duel between Kgosi Mosadi Seboko and the President of the Republic of Botswana have further heightened our client’s anxiety.
It would seem that the independence of our Judiciary, both at the High Court and Court of Appeal has lately been placed in doubt than ever before,” read the letter.
He said the latest revelations by Kgosi Seboko regarding her meeting with President Mokgweetsi Masisi, where she was told that the judges have been instructed to rule against Balete in the pending appeal have removed any doubts in his mind that the Judiciary is taking instructions from the Executive.
Further to that, the letter also reads that Khama says he has it on good authority that the hearing of the appeals will not enjoy any fair process as decisions to rule against him have already been made ahead of the hearing, which renders their presence as just honouring fixtures whose outcome has long been predetermined.
“The above revelations are extremely damning and the client’s view is that they have dented the credibility of the country’s Judiciary,” continued the letter. However, in response to the mentioned letter, the Judge President directed Khama to file properly motivated applications for the recusal of judges.
State attorney, Sifelani Thapelo told the court that they are unable to comment on the issue because they were not aware of the existence of such a letter. While Khama said the request to constitute neutral judges for these appeals is rare and unavoidable, the appeals proceeded in the absence of Khama’s lawyers who had asked to be excused. Meanwhile, the judgments for the consolidated appeals have been set for November 4.
The appeals are related to Khama’s State House Number 4, which the DIS believes is a hub for illegal firearms.
In December last year, two High Court judges in separate applications ruled against the spy unit that wanted a warrant to search the house as well as against an order restoring to Khama, the possession of State House 4 and his movable property kept therein.