Former President Lt Gen Ian Khama has renounced the Court of Appeal and is seeking justice from the court of public opinion.
With the confidence in Botswana’s judiciary at an all-time low, the moral and ethical issues surrounding the court of public opinion dissipated last week as Khama and his legal team sought it out as an alternative crowd-enabled system of justice.
“President 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” reads part of a statement from his law firm, Ramalepa Attorneys which was circulated across all media houses in Botswana.
This was after Khama’s lawyers staged a walk-out on Friday much to the surprise of the Court of Appeal five-member panel of justices selected to preside over the matter.
Attorneys Unoda Mack, Victor Ramalepa, and Tebogo Tladi recused themselves following the refusal by Judge President Tebogo Tau to constitute a panel of “neutral” judges to preside over the appeal.
The trio said they would not participate in a sham. Following a 15-minute adjournment to deliberate over the lawyers’ decision not to participate, Judge President Tau announced they were going ahead with the matter even without the presence of the respondent (Khama)’s representatives. The three lawyers left, leaving Attorney Generals and Directorate of Intelligence and Security (DIS) to make their case without contest.
In their letter calling for the judges’ recusal the lawyers said the request was informed by concerns emanating from revelations of political interference with the Judiciary.
According to the letter, Khama said he has it on good authority that the hearing of the appeals would not enjoy any fair process as decisions to rule against him have already been made well ahead of the hearings. “Ours would be to honour fixtures of a contest whose outcome has long been predetermined.”
This is the second time in three weeks that a prominent member of society has taken their case before the court of public opinion, questioning the integrity of the Court of Appeal.
Balete Paramount Chief Kgosi Mosadi Seboko addressed a press conference three weeks ago claiming President Mokgweetsi Masisi told her at a State House meeting that the outcome of the appeal by the State against Balete has been predetermined against them.
Interestingly, four of the five judges (Justices Garekwe, Lesetedi, Walia, and Tau) happen to be presiding over the Kgosi Mosadi Seboko and Balete Trust vs Bamalete Land Board, Attorney General, and Registrar of Deeds case.
By Friday evening, the court of public opinion seemed to be gaining critical mass as the Botswana Federation of Trade Unions (BFTU) threw it their lot. BFTU issued a statement which reads in part: “the federation notes the response of the Office of the President to Kgosi Mosadi’s allegations. Notwithstanding the contents of the response and with due regard for the integrity and authority of Kgosi Mosadi, we believe that indeed there cannot be smoke without fire.
“Thus, in the view of the BFTU, the allegations raised are so far too serious and they paint a picture of a banana republic.”
Khama, through his lawyers, also cites Seboko’s revelations to support his claim of bias by the judges. He also makes reference to letters by Justice Gaolapelwe Ketlogetswe (first published by Sunday Standard) to President Masisi the contents of which raised complaints about Chief Justice Terrence Rannowane’s attempts to influence Ketlogetswe’s decision making in a case involving Lobatse legislator Dr. Thapelo Matsheka.
