Former President Lt Gen Ian Khama’s self imposed exile in Sandton, Johannesburg is building up to a political storm as President Cyril Ramaphosa of South Africa and Cherie Blair, wife to former British prime minister Tony Blair are dragged into the fray.
President Mokgweetsi Masisi on Friday informed Ramaphosa that Khama who is currently holed up in South Africa is facing criminal charges in Botswana. This was diplomatese for : Khama who hitherto was a visitor in South Africa is now a fugitive from justice in Botswana.
Together with three other high profile figures, Khama was this week slapped with a total of 38 charges ranging from illegal acquisition, unlawful possession, and stealing of firearms. The charges follow Khama’s escape to South Africa in November 2021, which coincided with the deadline that the Directorate of Intelligence Service (DIS) had given him to have appareled before them.
On Friday, post South Africa and Botswana’s Bi-National Commission (BNC), it emerged that the two southern Africa nation’s leaders had a brief discussion about Khama’s criminal charges.
“We only discussed to the extent of him informing me that charges have been pressed against the former president”, Ramaphosa told journalists in Pretoria shortly after the BNC.
Ramaphosa was responding to a South African journalist who wanted to know if the neighbouring country will not be perceived to be harboring a fugitive of justice.
“Khama is here on a visit, so we are not perceived as harboring a person who is either a fugitive or whatever……our relations with Botswana are so warm that we are able to deal with any challenges that come our way”, Ramaphosa responded before forcing a change of topics by telling journalists that he and Masisi are farmers.
The issue is expected to snowball into a political issue as Khama status in South Africa became fluid, shifting from visitor to fugitive and then political refugee in South Africa. In an interview with the South African media this week, Khama indicated that he had sought refuge in South Africa and will not be returning to Botswana until after the 2024 elections because he fears that Masisi wants to assassinate him.
Botswana’s former president suggested that he will use allegations of his planned assassination against an anticipated request for his extradition by the Directorate of Public Prosecution. ( see story on page 3).
Khama’s lawyer, Cherie Blair, the wife to former British Prime Minister Tony Blair last week waded into the fray, filing a new petition with the UN Special Rapporteur (UNSR) against “ongoing threats to Khama’s life and safety.”
In what appeared to be laying the ground for Khama’s defence against the anticipated extradition request, Blair suggested that the recent raid on Khama’s property by the DIS was part of the plot on his life.
Blair’s petition was aimed at shooting down Botswana’s explanation to the UN Special Rapporteur’s investigations into allegations that Masisi is planning to assassinate Khama.
A few months ago, Botswana submitted a detailed response to the UN Special Rapporteur on Extrajudicial, Summary Executions. The Geneva based organisation had demanded that Botswana respond to a litany of questions raised in its report.
In her letter addressed to the UN Special Rapporteur on Extrajudicial, Summary Executions Morris Tidball-Binz, Botswana’s Ambassador and Permanent Representative to UN, Athaliah Molokomme said Botswana was responding to the concerns and issues raised in the inquiry in the true spirit of openness and cooperation with UN.
The UN had demanded among others information on the measures taken to ensure the Safety of Khama, and to ensure that he has sufficient personal security to enable him to carry out his activities safely.
In her reply Molokomme said in 2020, the Directorate of Intelligence and Security (DIS) which is responsible for security details of former Presidents and their immediate family members conducted Security Threats Assessment around World Internal Security and Police Index (WISPI).
She said this development affected both two Former Presidents Festus Mogae and Khama. Government therefore advises that the current personal security deployment for WVIPs is commensurate with the threat levels attributable to them following this assessment.
She said a decision was also taken to redeploy some staff members who had been with Khama for more than 10 years in the interest of the officers in question, which included consideration for their professional development, training and progression. Furthermore, it has to be noted that this latest review of security detail is not the first to be conducted in Botswana.
“Former President Sir Ketumile Masire’s resources were reviewed following an incident in which such resources had become so depleted that he could not sustain himself and his family,” said Molokomme.
In addition, she said, the Former Speaker of the National Assembly Ms. Gladys Kokorwe had her security detail reviewed.
Molokomme said another anomaly revealed by this security threat assessment (2020) concerned the use of Government vehicle registration numbers.
“It was established that following his retirement, Former President Lt. Gen. Dr. Sir Seretse Khama Ian Khama continued to use vehicle registration numbers reserved both for the Sitting President and Vice President, being BX 0001 and BX 0002, as per the VIP Protocols set out by the Central Transport Organisation,” said Molokomme. She said there had to be a reversion of the vehicle registration numbers for use by the rightful VIPs as above stated.
The UN also sought information taken on the measures taken to investigate the alleged planned attempts on the life of the former president and if no investigation has been carried out, please explain why not and how this is consistent with Botswana’s human rights obligations.
In her response, Molokomme said the Government advises that the Botswana Police Service has never received any complaint, either from Former President Khama or from any other person regarding threats to his life.
“It must be noted that in line with its human rights obligations and its Constitution, any complaint of such a serious nature that is brought before the Police or any law enforcement body is attended to with the urgency it deserves, and following assessment, investigated as necessary,” she said. She added that this would have been the case especially with any report made by a former President.
The UN also sought information on the general policies and procedures to ensure that Botswana security agencies and other relevant actors meet their due diligence obligations to protect the right to life.
Replying, Molokomme said while law enforcement agencies exist to enforce the law, it should be noted that their members are not above the law.
“Upon assumption of duty, all law enforcement officers take oath to uphold and be subject to the Constitution being the fundamental law of the country as well as all other laws in Botswana,” she said.
But Khama’s lawyer, Cherie Blair, the wife to former British Prime Minister dismissed Botswana’s response to UN as “complete lack of respect for the rule of law and its international obligations.”
In a her petition to the UN Special Rapporteur (UNSR) in relation to what she called ongoing threats to Khama’s life and safety, Blair said, “Given the gravity of the issues at stake and raised by the UN Special Rapporteur, Botswana’s Reply signals a complete lack of respect for the rule of law and its international obligations, and a callous, politically motivated, disregard for the safety of President Khama.”
She further called upon the UN “Special Rapporteur to condemn this conduct in the strongest terms, and take urgent and robust action to guarantee President Khama’s safety.”
Describing Botswana’s response as “wholly inadequate, hollow and belated” Blair said rather than address the UNSR’s serious and articulated concerns, Botswana’s Reply demonstrates the Government’s unashamed determination to dismiss and ignore the urgent concerns raised by the United Nations.
She said Botswana’s continuing refusal to examine the allegations is a blatant violation of this duty and a tacit admission of the Government’s participation in or endorsement of those deadly plans.
Blair said Botswana’s duty to investigate the alleged violations of Khama’s right to life has been triggered following worrying recent developments in Khama’s case that reinforce the need for prompt and further action from the UNSR and the international community.
She said this include among others Botswana’s continuing failure to ensure President Khama’s safety and raids conducted recently by the Directorate on Intelligence and Security (DIS) at premises belonging to President Khama, ostensibly justified by dubious “national security” arguments.
Former UN Special Rapporteur, Dr. Agnès Callamard had stated in her report filed with Botswana that she was “concerned with the dismissive responses of the authorities to the allegations, indicating a disconcerting disregard for the serious threats against Mr. Khama’s life.”
