The judiciary is having a difficult time dealing with former President Lt Gen Ian Khama’s cases and has postponed their judgments – a document seen by Sunday Standard has revealed. This followed Khama’s instruction to his lawyers not to participate in appeal cases by the Directorate of Intelligence and Intelligence (DIS). The panel led by Court of Appeal President Tebogo Tau resolved to continue with the case and hear oral arguments after Khama’s lawyers pulled out of the Court of Appeal hearing. The consolidated judgement were scheduled to be delivered on 4th November with other appeal judgement for the October 2022 session.
The Court of Appeal has however backed off from delivering the judgments – for now. In a recent letter addressed to the Directorate of Intelligence and Services (DIS) lawyers Thapelo Attorneys and Khama’s Lawyers Ramalepa Attorneys, the Registrar of the Court of Appeal Nomsa Moatswi indicated that “kindly be advised that the judgments in the above referred matters will not be delivered on the 4th November 2022 as originally communicated to the parties.” The Registrar added that, “Rather the delivery of the judgments is postponed to a date to be advised to the parties, such date being before the commencement of November 2022 Application,” she said.
According to Moatswi’s letter: “The postponement of the delivery of the judgments is necessitated by the need for more time as the matters involved complex matters and the appeals were heard by a full bench of the Court of appeal.” Sunday Standard has established that the consolidated judgments were scheduled to be delivered on 4th November with all other appeal judgments for the October 2022 session. The DIS is appealing a High Court decision to prohibit them a search warrant for State House 4 where they believe Khama has kept multiple illegal firearms and ammunition.
In a press statement, Khama’s lawyers stated that, through them, he addressed a formal letter, advising her, among other concerns, that the has it on good authority and reliable sources that decisions in the consolidated appeals have already been made, adverse to him, and that the hearing of the appeals will be a mere formality.
“President Khama requested that a panel of independent judges not affected by these allegations, be assigned to hear the consolidated appeals, so that his reasonable apprehension that he will not receive justice is addressed,” the lawyers said. The statement says, on the same date, the Registrar of the Court of Appeal responded to President Khama`s letter, advising that the Judge President directs President Khama to deliver formal and properly motivated applications for recusal of judges of appeal ahead of 14 October 2022. “On 12 October 2022, President Khama addressed another letter to the Judge President, advising her that he is unable to deliver recusal applications because he does not have a panel or list of judges who will sit in hearing of the consolidated appeals,” reads the statement.
It says Tau did not respond to this letter. The statement says Khama decided that if his concerns about the apparent lack of impartiality of the panel of judges who will sit in hearing of the consolidated appeals is not meaningfully addressed, he will not participate in a sham of a hearing, when it is clear to him that decisions against him have already been made. The Court of Appeal decided to proceed with the hearing of the consolidated appeals, after considering President Khama`s concerns, and dismissing same.
“President Khama`s legal team respectfully asked to be excused from today`s sitting of the Court of Appeal, after the decision of the Judge President, not to address President Khama`s concerns aforesaid was announced in open court,” the statement says. The lawyers indicated that Khama “has consented to us informing the people of Botswana and all those who are interested in the independence of the judiciary, reasons why the consolidated appeals were heard in the absence of his legal team, because he considers this to be a matter of public interest.”
