Khama’s lawyers to challenge warrant of arrest
Mompati Tlhankane | Friday December 30, 2022 16:57
According to the warrant of arrest issued by Acting Regional Magistrate, Mareledi Dipate yesterday, Khama who is currently in a self-imposed exile in South Africa is to be apprehended on sight and brought before the Broadhurst Magistrate Court. Khama is the second accused in the matter and has never appeared before court since he was charged in April.
Yesterday when Khama’s warrant was issued, his lawyers as well as his co-accused being former spy Chief Isaac Kgosi, suspended Police Commissioner, Keabetswe Makgophe and Victor Paledi were all cited as absent. Asked to comment on their absence, Ramalepa clarified that as Khama’s lawyers they were not informed about this particular court appearance. He said neither has Khama instructed them not to appear as his legal representatives. Ramalepa also disclosed that Khama has not been lawfully served with a summons ever since he was slapped with 14 charges ranging from unlawful possession of a firearm to receiving stolen property earlier this year. Since April the Directorate of Public prosecutions (DPP) has failed to serve Khama with summons as per the Criminal Procedure and Evidence Act.
In September Khama’s lawyers indicated that technically there were no criminal proceedings yet against Khama therefore they remained unbothered. “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 then from Ramalepa Attorneys indicated. The lawyers even missed one of the court appearances, because less has been happening with their client's case therefore they were not obliged to attend. “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. Now that some action has been taken in the form of a warrant of arrest it remains to be seen if the state will begin extradition proceedings and bring Khama back to Botswana to answer for his charges. Khama yesterday told this publication in an interview that he still welcomes any extradition effort by the state.
"Yes I would very much welcome an extradition application so I can expose in a foreign court the lies President Mokgweetsi Masisi and Peter Magosi have been fabricating as they did in the Butterfly case," he said. Khama has in the past told this publication that extradition doesn’t happen in a manner where one applies today and the next day they are back in the country. “There is a legal process that has to be followed which includes an appearance in a South African court and that is why I welcome it,” he said at the time. He added that what comes out in an SA court will be published widely therefore, that would work for him.