Appeals Court forges ahead without Khama’s legal team
Former President Ian Khama has failed to file a formal application for recusal of Appeals Court judges who presided over the consolidated appeal cases by Directorate of Intelligence and Security ( DIS) because he did not have the list of those hearing the appeal.
This is according to his lawyers, Ramalepa Attorneys, when explaining the reasons why he pulled out of the Court of Appeal hearing last week.
The lawyers walked out of the hearing indicating that their client, Khama, had stated that he does not believe he will get an independent and fair hearing. The panel’s five judges led by Judge President Tebogo Tau however, resolved to continue with the case and hear oral arguments.
According to Ramalepa Attorneys, on 10 October 2022, President Khama, addressed a formal letter to the Judge President of the Court of Appeal, advising her, among other concerns, that he has it on good authority and reliable sources that decisions in the consolidated appeals have already been made adverse to him, and that the hearing of the appeals will be a mere formality.
Ex- president Khama, according to the law firm requested that a panel of independent judges not affected by these allegations, be assigned to hear
Botswana the consolidated appeals, so that his reasonable apprehension that he will not receive justice, is addressed.
“On the same date, the Registrar of the Court of Appeal responded to President Khama’s letter, advising that the Judge President directs President Khama to deliver formal and properly motivated applications for recusal of judges of appeal ahead of 14 October 2022.
“On 12 October 2022, President Khama addressed another letter to the Judge President, advising her that he is unable to deliver recusal applications because he does not have a panel or list of judges who will sit in hearing of the consolidated appeals.
The Judge President did not respond to this letter,” reads the communique as per Senior Partner Victor Ramalepa.
He revealed that former President Khama decided that if his concerns about the apparent lack of impartiality of the panel of judges who will sit in hearing of the consolidated appeals is not meaningfully addressed, he will not participate in a sham of a hearing, when it is clear to him that decisions against him have already been made.
This submission, he said, was made to the Court of Appeal before Ash ( Pty) Ltd the hearing.
The Court of Appeal decided to proceed with the hearing of the consolidated appeals, after considering President Khama’s concerns, and dismissing same, he added.
Ramalepa stated that Khama’s legal team respectfully asked to be excused from the sitting of the Court of Appeal, after the decision of the Judge President not to address Khama’s concerns aforesaid was announced in open court.
“President Khama has consented to us informing the people of Botswana and all those who are interested in the independence of the judiciary, reasons why the consolidated appeals were heard in the absence of his legal team, because he considers this to be a matter of public interest.”
According to the law firm, between 15 and 17 December 2021, the DIS, acting without the authority of any court, placed State House No. 4 under padlocks and crime scene police tape seal, preventing Khama` s return to his official home. Khama then approached the High Court claiming the restoration of possession of State House 4 to him.