Khama insists Katse be suspended

President Ian Khama has waved the “I am immune to prosecution” card on the faces of Elijah Katse and his attorneys in a court case in which Katse is challenging his suspension from the party. 

Katse has been recalled from representing the BDP as its candidate for Tlokweng constituency in the next general election. Khama this week also defended his decision to suspend Katse and three others from representing the BDP, saying that the decision was his and not the party’s. He said the suspension of the applicants was fully justified. In court papers Khama argues that: “the decision to suspend the applicants from the party is not that of the party, as such, but mine.” He adds that the applicants’ suspension from the party means they cannot, pending their suspension (sic), enjoy the privilege to stand as candidates representing the BDP in the upcoming election.” Katse has approached the courts seeking that the BDP’s decision be set aside. Katse, who has now been replaced by Olebile Gaborone, wants his matter to be heard on urgent basis and has cited Khama in the latest court papers. But Khama has hit back at Katse and reminded him through an affidavit that he is immune to prosecution.

Though the President acknowledges that the applicants have not cited him in his capacity as President of Botswana, nevertheless, as a fact Khama says he holds the office of the President of the country. “In terms of Section 41(1) of the Constitution of Botswana, whilst any person holds the office of the President, no civil proceedings shall be instituted in respect of which relief is claimed against him in respect of anything done or omitted to be done in his private capacity,” Khama argues. However, Katse’s lawyer, Kabelo Nkwe on Wednesday argued before Justice Terrence Rannowane that they have not sought any order against the President but merely wanted him to produce records. The case was supposed to be heard on Wednesday but the BDP through advocate Francis Barrie raised some technical issues and pleaded with Rannowane to make a ruling on them.

Barrie said proper procedure was not followed when citing the President. According to him in the initial notice of motion Khama was not cited but in the urgent application filed last week the President is now being cited. Barrie said this was done without first seeking leave from the court to join Khama in the proceedings. However, Nkwe said there is nothing irregular by citing the president. “There are no irregular steps that we took,” he said, adding that certain rules of procedures maybe overlooked because it is an urgent application. “It is not good to say because it is an urgent application then the rule should be overlooked,” Barrie hit back.

Meanwhile, Khama said in papers filed in court that the decision to suspend the applicants is not an administrative or governmental act, but an act that “I executed as an office holder of a private body, a political party that is a voluntary association. It is accordingly not capable of being set aside on review,” he said. Khama also said he used powers bestowed on him by the BDP to suspend Katse and the three others.