The judgement was read by Chief Justice Julian Nganunu before an overflowing High Court that had taken residence at the new and more spacious Lobatse Woodhall Magistrates' Court."In summary therefore, the constitution has granted to a sitting President of the Republic of Botswana immunity against criminal prosecution for all activities done both in his private and official capacities. The same, provision, in the second part also grants him total immunity against civil suits in his private capacity. Such immunity is total and not relative. It is granted in the form of prohibition-in a mandatory fashion-not to allow prosecution and suits covered by immunity.
In the premises therefore, this application must be dismissed because it is prohibited by Section 41 of the constitution granting immunity to a sitting President of the Republic of Botswana. The applicant is to pay costs of this application including those of two counsel," said Nganunu who read the judgment on behalf of Justices Ian Kirby and Isaac Lesetedi. The court was largely populated by Motswaledi supporters.
