The Attorney General, Athaliah Molokomme, is expected to join the Botswana Democratic Party (BDP) legal battle in which suspended party Secretary General Gomolemo Motswaledi is suing the party and the party president.
It is understood that Molokomme will be roped in as a friend of the court alongside Khama’s lawyers, Collins Newman & Co.
It is understood that Molokomme will be instructing South African Advocate Chris Laxton to argue that Khama as a sitting president, enjoys immunity and, therefore, can not be dragged before the High Court.
According to Botswana law, President Khama enjoys immunity from court action and it remains to be seen whether the case launched by Motswaledi would force him to seek refuge under the immunity guaranteed by section 41 (1) of the Constitution.
According to this section, “Whilst any person holds or performs the functions of the Office of President, no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official capacity or in his private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him in respect of anything done or omitted to be done in his private capacity.”
Molokomme would not respond to Sunday Standard questions saying: “Why are you calling me on a Friday evening? “I also have a life,” she said before hanging up.
While legal experts have argued that the case might be dismissed on the grounds that Khama enjoys immunity, others have dismissed this suggestion as a weak argument that the court might pour scorn at. The case is to be heard next week Wednesday.