Khama feels vindicated
Innocent Selatlhwa | Monday June 10, 2024 07:55
He says the DIS losing streak is a sign that the agency, which he formed after becoming president, is rogue under Director General (DG) Peter Magosi. Khama was charged alongside former DIS DG Isaac Kgosi, former Police Commissioner, Keabetswe Makgophe and former Deputy Permanent Secretary, Ministry of Youth, Gender, Sports and Culture, Bruno Paledi, but the latter and the former's charges have since been withdrawn except for Khama and Kgosi. Khama, who has been charged with 14 criminal charges ranging from unlawful possession of a firearm to receiving stolen property could be the only one left to music to face. Paledi and Makgophe have their charges dropped while Kgosi won a case, which will see him get his guns back. In an interview with Khama this week, he pointed out that the cases reveal what has been said right from the beginning, that “the DIS is a rogue organisation led by a criminal who has no regard for the rule of law and the constitution''. 'It shows that the DIS have been used to commit gross violations of human rights including in my case having an attempt to eliminate me as I suspect they have allegedly done to others. For them to have been able to operate with impunity in this manner is a reflection of the type of government and its leadership,” he said.
Khama also said his case as with the butterfly (Wilhelmina Maswabi) one, was fabricated by a team put together by Magosi. He emphasised that the intention was to arrest and charge him in order to have him in detention where they would do him harm. “The withdrawal of charges and acquittal of four of the five of us should expose why I am the last man standing. When you know as I do of the campaign of persecution driven by blind vindictiveness, then I do not expect any outcome that is favourable. Plenty of people in the legal fraternity who contact me regularly, constantly indicate to me the injustice that I am being subjected to. Of course they do state the obvious because who knows better than I do what I have done, absolutely nothing,” he said. On whether he would approach court to try and get his name cleared, Khama said the move is a coin toss. “Some in our judiciary are captured. Others are not and conduct their profession in a manner expected of them, which is delivering fair judgments and reject to be intimidated to do anything else. For example, I knew in December 2023 the judgment that was going to come out in February 2024 in my case. I knew back then what I was indeed labelled a fugitive, and that is why at every opportunity members of the regime use the term when referring to me because that is what they wanted and that is what they got,” he said.
Khama said his charges were manufactured by the DIS, stating that if they were dropped they would come up with other charges, which he knows they have on standby in that eventuality. “That is why I intend to return as I don’t care anymore what they may do to me in relation to my life,’ he concluded.
The charges In an unprecedented charge sheet, the four high profile figures faced a total of 38 charges ranging from illegal acquisition, unlawful possession, and stealing of firearms. Kgosi’s charges stood at 20, while Khama, Makgophe and Paledi faced 14, three and two respectively. Paledi, who was facing three counts of aiding and abetting unlawful possession of firearms, was recently freed from the charges. He was accused of aiding Khama and Kgosi, to unlawfully acquire arms of war and ammunition certificates. In a formal withdrawal notice issued by the Directorate of Public Prosecutions director, Nomsa Moatswi, she revealed that a decision has been taken to discontinue criminal proceedings against Paledi.
Moatswi, who did not detail what informed her decision, mentioned that the withdrawal was in pursuance of her powers under the Constitution and Criminal Procedure and Evidence Act. Meanwhile, Makgophe, who was facing three counts of aiding and abetting unlawful possession of firearms following accusations of aiding to unlawfully acquire arms of war was later declared a free man. A formal withdrawal notice issued by Moatswi revealed that a decision has been taken to discontinue criminal proceedings against Makgophe. A judgment delivered this week by Justice Zein Kebonang of the Gaborone High Court ruled that Kgosi’s guns were acquired legally and the state has been ordered to return the weapons, ammunition, and licences to the former DIS boss. “I find, as a fact, that the applicant's firearms and ammunition were properly acquired, registered, and licensed. I also find that the second respondent (Botswana Police Service) properly and lawfully complied with the enabling legislation in registering and licensing the said firearms and ammunition,' reads the judgment in part.
The judge further noted in his judgment that the third respondent (DIS) took the law into their own hands. 'It knew it did not have a warrant to do so but that did not constrain or restrain it from acting unlawfully and in complete disregard of the law,' the judge said. As if that was not enough blow for the DIS, the indefinite suspension of Deputy Director General (DG) of Directorate of Intelligence and Security, Tefo Kgotlhane has been declared unlawful by Justice Ranier Busang of the Lobatse High Court judge,. Justice Busang, who said he had a hard time understang why Kgotlhane was placed on suspension, explained that there was no explanation for the indefinite suspension, and why it has been in existence for the period of close to two years. “In my view, there is no explanation for the indefinite suspension, and why it has been in existence for the period of close to two years. The applicant’s right to a fair disciplinary process as enshrined in Section 39 (1) has been violated and I have no hesitation in granting the orders sought in the notice of motion,” said Justice Busang.