12 Jan 2023

The High Court in Gaborone will on January 13 deliver a ruling on an urgent application by former President Lt Gen. Dr Seretse Khama Ian Khama seeking the court to nullify a warrant issued for his arrest.

Presenting Lt Gen Khama’s application before Judge Dr Godfrey Radijeng on Wednesday, his attorneys messrs Unoda Mack, Ditebogo Tladi and Victor Ramalepa said the applicant’s request was for the court to interdict his warrant of arrest issued by the Broadhurst Magistrate Court on December 29, 2022.

Mr Mack said his client had on August 19, 2022 approached the High Court challenging the decision by the Directorate of Public Prosecutions (DPP) to charge and prosecute him.

He said his client wanted the High Court to nullify the charges levelled against him as they were unfounded.

Pending a ruling by Judge Gaolapelwe Ketlogetswe on the application to dismiss charges faced by his client, Mr Mack said the prosecution went on and approached the Magistrate Court with an application, which resulted in the issuance of a warrant of arrest for his client.

As such, attorney Mack said his client was seeking the High Court to suspend the warrant of arrest pending finalisation of the case before judge Ketlogetswe relating to the decision to charge and maintain criminal charges against Lt Gen. Dr Khama.

Mr Mack also argued that the respondents’ application which resulted in the issuance of the warrant of arrest did not state that such a warrant was sought for the purpose of starting extradition processes.

He added that his client also questioned whether the magistrate court properly executed its discretion in issuance of the warrant of arrest.

Attorney Mack said that the application seeking the suspension of the warrant, pending finalisation of the order before judge Ketlogetswe was properly channelled and had merit.

The respondents being the Director of Public Prosecutions, Regional Magistrate (Southern Region), Mr Mareledi Dipate, the Attorney General in their response through lawyers, Mr Sifelani Thapelo and Mr Thabiso Olatotse nullified the merits and the urgency of Dr Khama’s application to suspend his warrant of arrest.

Mr Thapelo requested Judge Dr Dijeng to dismiss the application with costs as it was based on the pending review application before Judge Ketlogetswe.

He said the application was challenging the decision of a magistrate court for issuing a warrant of arrest.

Mr Thapelo said there was no basis for the court to attend to the application as urgent, as it had failed the requirements of an urgent application as stated under Order 12(1) of the rules of the High Court.

“There is no reason why the application was brought before court in a rush. They should take their place in the queue. There was no need for urgency,” said Mr Thapelo.

He argued that the warrant of arrest was issued procedurally in compliance with the requirements of Order 12 of the rules of the High Court.

Mr Thapelo added that the issued warrant operated within the jurisdiction of the court where it was issued, adding that it was also meant to kick-start the extradition process.

With regard to issuance of the warrant of arrest, Mr Thapelo said the respondents had met the requirements of section 37(1) of the Criminal Procedure and Evidence (CP&E). He added that the presiding officer satisfied that indeed there was sufficient evidence to justify that the warrant of arrest was issued for person who might have committed an offence.

Isaac Seabelo Kgosi, Lt Gen. Khama, Keabetswe Makgophe, Victor Paledi and Sehunelo Khunou are facing charges relating to among others failure to register firearms, registering firearms by false pretence and aiding or abetting unlawful possession of a firearm.

According to the charge sheet the first accused person, Kgosi is facing a number of counts including failure to register a firearm, unlawful possession of silencer, procuring the registration of a firearm by false pretences, unlawful possession of a firearm, unlawful possession of ammunition, aiding and abetting unlawful possession of a fire arm, unlawful possession of a passport belonging to another, possession of armoury vests resembling those of the Botswana Police and possession of battle bags and two tactical backpacks resembling those of the DIS without lawful authority.

The second accused person, Lt Gen Khama is facing counts of unlawful possession of a special firearm, ownership of an unregistered firearm, receiving stolen property and possession of battle vests and tactical backpacks closely resembling those of the DIS without lawful authority.

Makgophe and Paledi are charged with three and two counts of aiding and abetting unlawful possession of fire arm respectively.

The fifth accused person, Khunou is charged with a single count of stealing by a person employed in the public service.

Particulars of the offence are that on or about March 1, 2016, Khunou at Cargo unit at SSKIA stole one Jericho rifle and its accessories valued at USD1 017 (P12 960.18) which came into his possession by virtue of his employment. Ends