Former President Ian Khama has dragged Government to court over his warrant of arrest that was issued by the Regional Magistrate court last week, in papers seen by Mmegi, Khama says should he be arrested over a case which he (khama) believes has 'no evidence', he will never recover from the arrest even if vindicated at a later stage.
The urgent application will resume at the high court of Gaborone this week. When giving a background of his case, Khama says his summons was served on his lawyers, because he was out of the country .
“I state for completeness that I have never been served with the said summons and charge sheet personally. I am advised by my attorneys of record that by virtue of the said summons and charge sheet, that the 1st respondent (Directorate of Public Prosecutions (DPP)) has clearly taken a decision to charge me with several counts- some of which are purportedly continuing offences which allegedly date as far back as the 17th of July 1998 to date,” Khama says in his affidavit.
Khama further states that his charges are an abuse of court process and amount to harassment and asks the court to set his charges aside.
“The decision to charge me amount to abuse of court process and harassment, because the firearms the subject of summons and charge sheer are lawfully registered in my names and properly licenced by a competent authority, in terms of the versions Arms and Ammunition Act, which were operative at the time of issuance of registration certificates and arms licenses issued in relation to the fire arms issues in relation to the firearms the subject of the charge sheet,” Khama further states.
The former President further tells the court that infact the firearms that are subject of his charges and warrant are infact in the custody of the state.
“I am advised by my attorneys of record and verily believe same to be true that a court is precluded from granting a warrant in circumstances where there are no sufficient facts suggesting that the person against whom the warrant is sought could have committed the offences alleged,” Khama further tells the court.
Khama says the law enforcement officers particularly the investigating officers have failed to disclose sufficient facts to warrant issuance of a warrant or any evidence to support the accusations, “ Such warrant issued based on inadequate facts, my attorneys of record advise me , would be irrational, unreasonable , overboard and unlawful as it would violate my constitutional rights, such as the right to liberty, security of the person, freedom of movement and dignity.”
Khama further tells the court that should it uphold the warrant of his arrest it would be a mockery to the administration of justice and has potential to bring it into disrepute.
“I aver that should this warrant of arrest not be stayed/suspended or set aside and this court quashes the decision to prosecute me I would suffer irreparable harm that cannot be compensated in any form. I f I am subjected to arrest, even for a few hours, and it turns out later that the decision of the 1st respondent is reviewed and set aside, then I will not be able to recover from the damage done to my constitutional rights to dignity, reputation, and personal freedom. I aver that not even the highest and most punitive damages against the 1st respondent can possibly compensate and repair the harm I would have suffered,” Khama further stated.
Khama has filed the papers to overturn his warrant of arrest as a matter of urgency.
Mmegi Online will follow the court process .