After the prosecution was caught off guard by Khama’s appearance last week, it remains to be seen if 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 Friday 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 some time at Kagiso Shopping Centre, otherwise known as the BBS Mall, and outlets near the Broadhurst Magistrate Court as many people swamped court buildings to see the former president. Khama’s wish was granted after Dipate dropped the warrants, albeit temporarily. 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".
However, Dipate has put the ball in the State’s court on whether to oppose the application or not. Dipate gave the State seven days to indicate whether they are 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 has 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.
Masisi, who was explaining his fallout with his predecessor, told party members that he tried and failed to reconcile with Khama when their fallout began. Khama is facing 14 criminal charges, ranging from unlawful possession of a firearm to receiving stolen property. Masisi has said during the Serowe meeting when he was briefed about charges against Khama, he directed that no matter what, the former president should never be handcuffed. “I told them that whatever they do, as per the law, they should never, ever handcuff him. I would never allow that," he emphasised. After his brief cameo court appearance, Khama has since returned to South Africa but has promised his followers that he would return this week for his next court appearance. Khama is set to make a grand return to Botswana on Friday ahead of the court case next week. Khama is expected to arrive in Serowe in style with Morafe led by the royal uncles already planning for his return on Friday morning. He will address Morafe the following day at his place. According to Amigo Nthebolang of Balaakgosi, they have been holding meetings in Serowe as they planned for Khama’s arrival. “He will be welcomed as you enter Serowe from Palapye with all his well-wishers and the event will not be political. “We will be engaging the police to assist us to ensure it all goes smoothly,” he said. Nthebolang said members of Morafe would start camping outside Khama’s homestead on Thursday and ultimately he will address them there on Saturday morning.
