- His application to block the prosecution dismissed with costs
- Khama says he is a fugitive from injustice and threats to his life
- Judge disagrees that Khama’s life is under threat
- Former president vows to return to Botswana
LETLHOGILE MPUANG
Justice Barnabas Nyamadzabo of the Gaborone High Court has ruled that former president Khama “is a fugitive from justice who does not have locus standi in this and other courts of Botswana during his status as a fugitive from justice”.
This follows Khama’s failure to halt his prosecution for illegal possession of firearms.
Former chief spy Isaac Kgosi, suspended police commissioner Keabetswe Makgophe and former permanent secretary (PS) Bruno Paledi have also been charged in the same case.
Aware of charges
Khama had made an application to the High Court stating that the charges were “overly political and maliciously motivated”.
In dismissing Khama’s application on 11 February, Justice Nyamadzabo stated that Khama is aware of the arms and ammunitions charges levelled against him but has not made himself available to be served with the court process and appear in the Magistrates court to answer to the charges.
“The 1st Applicant (Khama) is now aware of the current charges against him but he has not made himself available to be served with court process and appear in the Magistrates Court to answer for those charges,” the judge intoned.
Fugitive from justice
“A warrant of arrest has now been issued against him by the 1st Respondent that the 1st Applicant is fully aware of but there is no indication as to when, if ever he will bring himself within the jurisdiction of the Magistrates court, (he will do so).
“Similarly, as regards the Respondents’ last point in limine, I uphold this last point as well and find that the 1st Applicant is a fugitive from justice who does not have locus standi in this and other courts of Botswana during his status as a fugitive from justice.”
Khama and Kgosi, as 1st and 2nd Applicants, were ordered to pay the cost of the suit.
Ploy
Meanwhile, Khama has told The Botswana Gazette he will not be “wasting any time” reading the judgment. “We were told of how the outcome of the case will be in November,” he said in an interview.
“This case has been postponed for almost two years. They were deliberately delaying it because they had a few legal dilemmas around it. It is yet another ploy to try and discourage me from returning to Botswana.
“I do not have a problem with being a fugitive. I am a fugitive from injustice, a fugitive from a rotten legal system and a fugitive from threats on my life.
“But what I can assure the rest of Batswana is that I will be coming back soon. It will be up to them what they do with me.”