Can the President be sued as BDP leader?

However, there are complications in the impending court action because one of the respondents - the main one - happens to be President Ian Khama. There is talk that the case will die at the High Court even before it gets to the merits stage because Section 41 of the constitution protects Khama from prosecution. Indeed the Khama camp does not make secret of the fact that the case might not go far because of this protection.

They hope to use Section 41 as the grenade that will throw the legal application of the Barata-Phati faction of the BDP into smithereens. Some legal experts say the section gives a sitting president absolute immunity against any form of prosecution. Others however have poured scorn on this view as a misreading of the constitution.