Court refutes Khama's 'fugitive' status
Mpho Mokwape | Tuesday August 15, 2023 06:00
The court’s declaration definitively puts an end to the ongoing assertions and speculations, purportedly fuelled by the State, regarding Khama’s alleged fugitive status and his presence in South Africa since approximately November 2021.
Regional Magistrate Mareledi Dipate, in a recent ruling, dismissed the State’s assertion that Khama was a fugitive and thus lacked the standing to initiate legal action. While Khama’s application seeking a stay of criminal proceedings against the State was unsuccessful, the magistrate did not consider the State’s argument that Khama was evading the law.
Dipate rejected the State’s contention, asserting that Khama could not be characterised as a fugitive since he possesses the right to approach a court wherever he may be, to assert his legal rights. "Khama has argued that he is not a fugitive from justice as he left Botswana before criminal proceedings were commenced and that no application for his extradition is pending. To the court, the averments are crucial in that he cannot be said to be a fugitive," he said. The regional magistrate clarified that the State’s assertion that Khama lacked the right to bring legal action due to his fugitive status was inaccurate. Dipate concurred with Khama after months of defence against the State’s allegations that he was evading the law. In his application for a stay of proceedings, Khama had underscored that he left the country voluntarily and had never attempted to elude the law, even concerning the acquisition of firearms. "I am not a fugitive and have never been one.
I have every right to bring the application before this court. I left the country without having committed any crime. There has been no criminality in the acquisition of arms and ammunition that are in my possession. Same as having legally obtained," he stated.
Conversely, although the State succeeded in opposing some aspects of Khama’s application, they were unable to convince the court that the former president was a fugitive, despite their persistent claims.
The State argued that Khama lacked the right to bring legal action since he had allegedly fled the law and positioned himself outside the court's jurisdiction. "We seek a dismissal of the application on reasons that no prejudice has been demonstrated Khama who we say is a fugitive from justice, having placed himself beyond the jurisdiction of the court. He has no right whatsoever," the State asserted.