Three judges empanelled for Bagammangwato bogosi case
Innocent Selatlhwa | Tuesday July 2, 2024 11:30
Khama is demanding that the minister appoints Seretse Peter Khama as the regent. Consequently, Chief Justice Terrence Rannowane has empanelled three judges to the matter namely Justices Bengbame Sechele, Godfrey Nthomiwa and Itumeleng Segopolo each from Francistown, Maun, and Gaborone High Courts respectively. The case returned to court earlier this month with Khama and Seretse Peter Khama represented by Tapiwa Abel while the minister and Attorney General as the first and second respondents were represented by Itseng Mothibamele of Bogopa Manewe Attorneys.
Justice Maripe on June 12 after hearing the matter and reading the documents said he couldn't continue presiding over the matter because Seretse Peter Khama is married to someone he relates to. The file was subsequently returned to the registrar to be reallocated. Interestingly, Maripe is the fourth judge to recuse himself from matters concerning Khama and government over Bagammangwato chieftaincy. In December, three judges recused themselves in an urgent application which as a result couldn't be heard timely. Justice Barnabas Nyamadzabo was the first to be assigned the matter but let it slide because he had other urgent applications to attend to. Justice Ranier Busang was then handed the matter but recused himself citing conflict of interest. Justice Boipuso Makhwe was assigned the case but also recused herself. The matter was then withdrawn before Justice Chris Gabanagae of the Gaborone High Court presiding over it. Bagammangwato royals, led by former president Khama, were at the time contesting government's denial of access to the Kgotla.
The applicants, comprising Ian Khama, Rasebolai Kgamane, Mokhutshwane Sekgoma, Phokontsi Seeletso, Seretse Peter Khama, and the Bagammangwato tribe, represented by the first five aforementioned, were challenging the restrictions imposed by the authorities. Furthermore, the applicants wanted to challenge the constitutionality of what they termed the respondents' ongoing infringement on their freedom of expression and freedom of assembly and association. The case was specifically to address a meeting which was scheduled for December 16, 2023, at 10am in Serowe. The said meeting was intended to discuss Bogosi jwa Gammangwato issues, present the designated Motshwarelela Bogosi jwa Gammangwato (Seretse Peter Khama), and deliberate on other tribal concerns. They also wanted Seretse (Serogola) to be interdicted, restrained, and prohibited from acting or purporting to act as Motshwarelela Bogosi jwa Bagammangwato.
They also at the time made their intention clear about instituting the current proceedings which they did earlier this year. The case Khama has dragged the Minister of Local Government and Rural Development (currently Kgotla Autlwetse) before court demanding the installation of his chosen regent, Seretse Peter Khama. He wants his uncle, Serogola Seretse, removed from the position he assumed in 2022 following the expulsion of Sediegeng Kgamane. Khama (Ian), through his attorney Tapiwa Abel, last week filed a case at the Maun High Court with Khama and Seretse Peter Khama as the first and second applicants while the minister and Attorney General are the first and second respondents. According to their notice of motion, Khama wants the court to order a writ of mandamus (an order from a court to an inferior government official ordering the government official to properly fulfil their official duties or correct an abuse of discretion) compelling the minister to appoint Seretse Peter Khama as Motshwarelela Bogosi (regent) of the Bagammangwato tribe. In their opposing papers, through their attorneys, Bogopa, Manewe, Tobedza & Co, the minister, and the Attorney General have raised points of law.
They argue that Khama doesn't have locus standi as he was, on February 12, 2024, declared a fugitive from justice by the court per the judgment of Justice Barnabas Nyamadzabo. The defence further intends to argue that Khama has not established his locus standi to bring these proceedings due to a failure to establish that he has been duly installed and recognised (which recognition has been gazetted) in terms of applicable legislation (Chieftainship Act of 1965, as amended in 1969) and subsequently repealed by the Bogosi Act.