A sad day for justice

| Thursday April 30, 2009 00:00

Whoever accepts to answer questions from police officers who come to his/her door is doing more than answering questions from police officers. She/he is exercising responsibilities that society has placed on him/her as a citizen or resident of this country.

But he/she is also making a statement about society. He/she is supporting one of the institutions central to society's existence, and thus is giving credence to not just that particular institution but the society as it exists in its current form. Every police investigation involves questioning more witnesses than suspects. In fact without the input of witnesses, it is impossible for any crime to be solved. It would be impossible for the innocent to be exonerated and the guilty to be punished. A refusal to answer those questions is not just an expression of opposition to the police and the society they serve but is an act of support for the criminals the police are searching for.

Thus helping the police officers is a vital act to society but ordinary citizens do it everyday without intellectualising too much about it. These collective acts of citizens from helping put out a veldt fire or taking a neighbour's child to hospital to answering questions from government officers are the fibre that keeps society together.

For a country is really nothing but the collective institutions that make it up and the people who have collectively dedicated themselves to upholding and giving credence to them. Perhaps that could also be seen as discipline too. Discipline at its best - that is the ability to see a larger good outside of one's narrow partisan and personal interests. And most importantly, the ability to see in society's institutions the validity of society's own existence.

In the last year, one of the country's most important institutions the DPP instituted an ambitious plan. To assist the state in its corruption case against former Debswana managing director Louis Nchindo and his co-accused in a corruption case, the DPP sought to get Khama and some members of the old Mogae cabinet, among them Mompati Merafhe, Daniel Kwelagobe, Phandu Skelemani and Ndelu Seretse to come forth and be state witnesses. It should have been a simple idea, to get the leaders to help the state in moving its case in court. This would further equip the court with enough evidence to dispense justice, to exonerate the innocent and charge the guilty.

Explaining in an affidavit in the case, the DPP stated that it needed Khama more specifically to deal with Count 3 of the charges against Nchindo. In the count, it is alleged that Khama was given false information by the accused. Members of the cabinet were vital to a number of counts given that there are allegations that some of them were victims of mis-representations. 

It should have been a simple act really especially for Khama who on his inauguration last year declared that: 'Botswana can achieve greater success only if we show a collective will and when we all participate fully in her affairs. Therefore whatever we do or whatever we say must be done and said in the best interests of this country'.

Initially there were rumours that Khama was not fully supportive of the DPP's case against Nchindo. The media quoted insiders, who openly outlined that he was not enthusiastic about giving the DPP his support.

According to information reaching Mmegi, Khama was given a paper to write a statement nearly a year ago but he had not done so by the time the court ordered the DPP to avail his statement to the defence. At the same time, the DPP and the defence, were known to be engaged in a tussle for witnesses and the reluctance of Khama to avail the statement was generally seen as a rejection of the prosecution's cause.

Furthermore, the fact that some members of the cabinet are said to have already given statements to the defence in the case, showed that Khama was not willing. However at the time, everyone regarded all these as rumours. This week a fully defeated prosecutor Kgosietsile Ngakaagae told the Village Magistrate, Court that attempts by the DPP to get witness statements from Khama and the others had drawn a blank.

Therefore, the DPP will be forced to drop charges which hinged on the input of the concerned ministers and Khama. One can only speculate from the unfolding events. Khama has come out a different man in this case. He is not the Khama who preaches discipline. Not the Khama who stoked the fires of expectation that he would step in and kick out crime in a radically different way.

The Khama who came out of this episode is the Khama this nation is saddled with. A Khama not interested in protecting the integrity and sanctity of this nation's institutions. One is inclined to speculate that perhaps Khama has other concerns in his head. However one is further inclined to point out that whatever thoughts he has, they are not in 'the best interests of this country' as he pointed out at his inauguration. For what is more important about Botswana than a dedication to its institutions, which citizens are expected to both respect and assist. The Khama who failed to give the DPP his statement is a Machiavellian man of some sort, ready to guard narrow interests over national concerns. But which interests can be put above those of the nation's?

Khama's statement would have helped the court to dispense justice, fully informed about the events surrounding the allegations made by the DPP. It is only when fully informed that the court can exonerate the innocent and charge the guilty. By denying the court information, Khama is not being helpful to this country's justice system. And since the onus of proof is on the prosecution, by denying DPP information, Khama is actively, not passively, working against the nation. For what reasons? Only he knows. 

By turning down the DPP's request, he is making a statement to average citizens that next time they are called to serve this country in whichever way, they should think twice. This is as much an act in opposition to the DPP, the court and justice as it is an expression of support for those guilty in this case.    And all this packaged straight from some of this country's top leadership in partnership with no one but His Excellency the President of the Republic Kgosikgolo Lieutenant General Ian Khama Seretse Khama.