Botswana’s former President and Bangwato Paramount Chief, Seretse Khama Ian Khama, has called for the recusal of Justice Itumeleng Segopolo from the ongoing Bangwato chieftaincy case at the Maun High Court.
The case revolves around Khama’s legal challenge against the government’s refusal to appoint his preferred Chief Regent, Seretse Peter Khama, to act on his behalf.
In an application submitted to the court on Thursday (September 23rd) evening, Khama, who is the first applicant alongside Peter as the second applicant, argued that Justice Segopolo should be replaced by another judge due to his close friendship with the current state President, Mokgweetsi Masisi.
Khama expressed concerns that Segopolo’s longstanding friendship with Masisi could compromise the judge’s impartiality in the case, given the contentious relationship between Khama and the President.
“I have a reasonable apprehension that this Honourable Justice may not approach this case with impartiality, as his close, decades-long friendship with President Masisi could consciously or unconsciously sway his judgment towards an outcome favourable to the President,” Khama stated in his founding affidavit, filed just hours before the hearing of the main application.
Khama highlighted that Justice Segopolo has previously recused himself from cases due to his friendship with Masisi, including a notable instance involving former minister and ruling Botswana Democratic Party member, Pelonomi Venson-Moitoi.
In 2019, Venson-Moitoi sought to challenge Masisi for the party’s primary presidential election, prompting Segopolo to step aside due to his close ties with both parties involved.
Khama also cited other instances where Segopolo’s relationship with Masisi was called into question.
Specifically, he referenced the election petitions against the Independent Electoral Commission by two members of the opposition Umbrella for Democratic Change (UDC).
Although it was reported in the media that Segopolo had recused himself from these cases due to his connections with Masisi, Khama’s legal team discovered that no such recusal was formally documented in the court files.
In the main application, Khama seeks a court order compelling the Minister of Local Government and Rural Development to appoint Peter Khama as Bangwato Chief Regent.
He contends that while the law empowers him to nominate the regent, the formal appointment must be made by the minister, who has thus far refused or failed to fulfil this statutory duty.
Additionally, Khama is requesting that the court grant Bangwato access to their kgotla to install their preferred chief regent.
Arguments regarding the recusal application are scheduled for Friday 22nd November, 2022, before a panel of three judges: Segopolo, Godfrey Nthomiwa, and Bengbame Sechele, at the Maun High Court.
