Khama fights for reprieve in ‘arms’ case
Pini Bothoko | Monday April 3, 2023 06:00
In papers filed by his lawyers, the former president argued that the State’s case against him should be suspended as he has applied to the High Court to set the charges aside. The High Court case is set to be decided on later this year.
Khama is charged alongside former director general of the Directorate of Intelligence and Security (DIS), Isaac Kgosi, suspended Botswana Police commissioner Keabetswe Makgophe and former Directorate on Corruption and Economic Crime (DCEC) director general, Bruno Paledi. The quartet is accused of, amongst others, unlawful possession of firearms, procuring registration of firearms by false pretences and ownership of unregistered firearms.
Interestingly, Khama’s case at the Regional Court is being heard Regional Magistrate, Mareledi Dipate, who issued a warrant of arrest against him (Khama) last December. According to the warrant of arrest, Khama is to be apprehended on sight and brought before the Broadhurst Magistrate's Court.
The former president, who moved to South Africa in November 2021 and has not returned home citing fear of assassination, argued in his papers tthat he was not a fugitive and also challenged his warrant of arrest.
Through his lawyers, Khama argued that the State does not have an extradition order against him and that this was a crucial point in his argument that he is not a fugitive.
“Purely out of abundance of caution, it is noted that before acquiring any firearm, the applicant applied for its licence from the relevant and competent authority clothes with administrative power to issue him with gun licences. “After considering the applicant’s application, the authority issued him the licence. “The administrative decision to issue the licences is valid until set aside by a court of competent jurisdiction, i.e a review court,” Khama’s lawyers further argued this week. Khama further argued that in terms of Section 6 of the Arms and Ammunition Act, the Arms and Ammunition quota, a board exists which is clothed with the power to revoke, cancel or suspend any license in terms of the Act.
“The licences have neither been subject to review proceedings before a competent court nor have they been revoked and or cancelled by the board,” the court filing read. “Thus, the decision to charge the applicant is reviewable as the charges were brought despite the existence and presumed validity of the licenses, which have not themselves been reviewed and set aside”
State prosecutors, meanwhile, insist that the Khama is not a candidate for a stay of criminal proceedings because ‘he is a fugitive’.
Dipate is set to give his ruling on May 22.