The attorney in the Kamal Jacobs case has revealed that former president, Seretse Khama Ian Khama, has interest in the case.
Explaining why he cited Khama as a respondent in the matter in which Jacobs is challenging the legitimacy of president Mokgweetsi Masisi as leader of the ruling Botswana Democratic party (BDP), Kagisano Tamocha on Tuesday this week, told the court that it is because Khama has interest in the case.
Tamocha was however stopped by justice Michael Mothobi from sharing further details of Khama’s interest in court, because he (Tamocha) had not submitted any supporting court documents in that matter.
Tamocha only told Mothobi that Khama’s attorney, Parks Tafa, had contacted him through the phone, but was stopped before going any further.
Nonetheless, outside court, Tamocha explained to the media that what he wanted to confirm to the judge was that Tafa had called him to let him know that, “He will be filing an affidavit on behalf of Khama to clarify the issue of BDP presidency.”
Khama was served with court papers on the 19th of December 2018.
According to court records, a certain Tebagano Lebotse provided proof that Khama was served in a form of an affidavit.
Jacob’s case is that Masisi is the state president while Khama remains the party president. Although the BDP lawyers maintain that Khama has resigned as party president during a central committee meeting, Jacobs maintains that Khama never made a formal resignation and therefore remains party president.
The bone of contention is that the court should declare Masisi an illegitimate president of the BDP and all his decisions including appointment of committees related to the party’s recent primary elections be declared null and void.
However Jacob’s attorney was advised that besides the fact that Masisi cannot be tried in court as he currently enjoys presidential immunity against such lawsuits, he was equally shooting his client in the foot because for him to contest for the said primary elections, the same committees he believes are illegitimate vetted him.
The matter is still before court and a decision on whether Masisi can be sued or not, will be heard next week Wednesday.
However judge Mothobi has already suggested that the 2009 court of appeal judgment on Gomolemo Motswaledi versus the then state president, Khama, set a precedent and a path for the high court to tread when dealing with such cases.
Section 41 (1) of the country’s constitution protects sitting presidents against litigation and Motswaledi’s case was struck off from the very beginning