A Gaborone Regional Magistrate's Court has confirmed its order of last month setting aside warrants of arrest against former president, Ian Khama.
This now means that Khama, who has had some of his court applications turned down as he was labelled a fugitive from justice by the court, is a free man at least through the final push for votes as he campaigns for his party. He arrived before Regional Magistrate, Mareledi Dipate, with an application to have the warrants that relate to a case in which he is facing charges including unlawful possession of firearms and ammunition and receiving stolen property set aside.
After the prosecution was caught off guard by Khama’s appearance then, it remained to be seen whether the State would fight to have him arrested. Khama, who has been on a self-imposed exile in South Africa and Eswatini, made a surprise court appearance on September 13, 2024 and applied for the warrants of arrest against him to be dropped. The application was moved in the absence of the prosecutor. Business was brought to a standstill for sometime at the BBS Mall, and outlets near the Broadhurst Magistrate's Court as many people swamped court buildings to see the former president. Khama’s wish was granted after Dipate dropped the warrants, albeit temporarily then. In an order returnable on September 23, the Magistrate set aside the warrants of arrest for Khama issued on December 29, 2022 and July 12, 2023. Prosecutor Ambrose Mubika had indicated to the court that they didn't oppose the application because the accused had voluntarily brought himself to court. He admitted that "Khama’s appearance had taken them by surprise". Dipate would then put the ball in the State’s court on whether to oppose the application or not.
The Magistrate gave the State seven days to indicate whether they were against the ruling made final order if they so wished. “If the State is minded to oppose the finalisation of this order issued in the preceding paragraph, they are to file opposing papers at least seven days before the scheduled date of hearing on September 23, 2024. “The matter is thus adjourned to September 23, 2024, at 9am for a status hearing,” read Dipate’s order. Whilst the law permits the State to challenge the ruling, the prosecution had a tough decision to make after President Mokgweetsi Masisi once indicated that he had given directives to authorities not to handcuff his predecessor. Masisi was speaking at a gathering in Khama’s home village, Serowe, which was attended by Botswana Democratic Party (BDP) elders. Dipate temporarily granted Khama his plea to set aside his warrants of arrest issued by the court on December 29, 2021 and July 12, 2023. The order was returnable on September 23. However, the Magistrate was not available and Khama appeared this morning where the order was confirmed. Having been unable to proceed with the matter on September 23, the matter was back in court this week whereupon Khama’s warrants were finally set aside. He will return to court on November 29, 2024 for status hearing. Khama faces 14 charges ranging from unlawful possession of firearms, arms, and ammunitions to receiving stolen property. He was charged jointly with the late former Directorate of Intelligence and Security (DIS) boss, Isaac Kgosi, former Commissioner of Police, Keabetswe Makgophe, and former Deputy Permanent Secretary, Ministry of Youth, Gender, Sport and Culture, Bruno Paledi. Makgophe and Paledi had their charges dropped while there were allegations that before Kgosi died, his charges were also about to be dropped. Khama on the other hand has tried numerous times whilst on a self-imposed exile in South Africa to have his charges dropped. His last attempt was at the High Court where he wanted his charges reviewed and set aside on the grounds that they were outright irrational and made without any evidence.
Khama has always said his charges were politically and maliciously motivated. This has come as a boost for Khama and the Botswana Patriotic Front (BPF), a vehicle through which he wants to remove Masisi and the BDP from power. Just after the initial court appearance, Khama would be in a week welcomed like a hero in Serowe where he announced he would return to the Kgotla as Kgosikgolo. He would then hit the campaign trail and attended the BPF’s manifesto launch where he strongly expressed his desire to see Masisi out of power. Khama is adamant his party or at least the opposition can cause an upset at the polls. He said as Sir Seretse Khama’s son, he was going to help the BPF when they ascend. He said if Reatile wins the presidency through BPF, he would advise him on how to rule. Meanwhile, Khama called on BPF members to know that their enemy is the BDP and should not attack opposition parties. “Even though we have only three weeks left, we can still unite and work with them. Even though we have already fielded candidates, we should be able to sit down and see how we can work together before and after the elections to remove the problem that is BDP from power,” he said. Throwing a few jabs here and there, Khama almost sticks to the same script when canvassing for votes. He accuses Masisi and ‘CAVA’ as he refers to the BDP as manner less corrupt people who are not fit to lead.
Further he accuses Masisi and the DIS for being hellbent on trying to have him behind bars or killing him. Just this week, he told Palapye and Topisi residents amongst others that the DIS keeps on following him as he goes about his business. When responding to Khama’s allegations of possible persecution by the Masisi regime and being kept under surveillance recently, DIS spokesperson Edward Robert, said: “The former president has been making those allegations since 2018 after leaving the presidency. The allegations include a plot to kill him, excessive surveillance and many other allegations. However, at the end of the day, those turned out to be a false alarm. That has become an established fact now. You are aware of that. He too knows that. It is important to note that the DIS has a statutory duty to provide close protection to the former president as guided by Section 5 (g). The security agents provided protection to Khama when he was the Vice President of Botswana.”
He further said the DIS would provide that requisite support when he was a sitting president and they continue to provide the same to him now as the former president. “Nothing has changed. If he didn't have any reason to fear them then, he should not have any reason to do so now. I want to assure Batswana that the DIS prioritises the security of their principals including that of all the former presidents and they must treat with contempt any suggestion to the contrary,” he said.