Former president, Lieutenant General Seretse Khama Ian Khama, is seemingly poised to remove his hand-picked successor, Mokgweetsi Masisi from power.
If Kamal Jacobs’ court battle against Masisi is anything to go by, then Khama will use the opportunity to challenge the legitimacy of Masisi’s presidency at any given opportunity.
Through a window in Jacobs’ case, Khama was expected to be enjoined in the matter to clarify whether or not Masisi is the legitimate president of the ruling Botswana Democratic Party (BDP).
Jacob’s attorney, Kagisano Tamocha, made it clear in an interview outside court that enjoining Khama into the case meant that, “Masisi may have to forgo his immunity so he lays his claim to the presidency and in the process questions will be posed to him and he will have to answer.”
Tamocha, a loner against five attorneys representing the BDP withdrew the case after the court objected to his intention to enjoin Khama.
Former BDP parliamentary candidate in Lobatse constituency, Jacobs, lost to Thapelo Matsheka in the second round of BDP primary elections; Bulela-ditswe in August this year.
After appealing the outcome of the results, his appeal was dismissed by the BDP and he took the party to court.
He then lodged a law suit against the party and its leadership including President Masisi, electoral board Chairperson Peter Siele, Appeal’s Board Chairperson, Kingsley Sebele, Southern region chairperson and the victor in BDP’s primary elections in Lobatse constituency, Thapelo Matsheka.
Jacobs was voted by 1219 people against Matsheka’s 1376 with the incumbent member of parliament, Sadique Kebonang who is currently facing money laundering corruption charges getting 1073 votes.
However the spoiler in Jacobs case was that he wanted to sue the state president, who enjoys immunity both on private and official stage.
In a desperate or tactical move, Jacobs and his attorneys enjoined Khama as the seventh respondent in the case because they were aware that “Masisi cannot answer and there was no clarity in regards to the legitimacy of his presidency.”
When the matter was heard yesterday morning, Tamocha requested for adjournment to allow Khama to file his affidavit regarding Masisi’s presidential legitimacy.
He also maintained that they had to withdraw so that they can have an excuse to relaunch the case in the near future.
“We will make a fresh application, a proper one in this case,” Tamocha explained the withdrawal for the two applications,the main and the rejoinder.
Recently Khama was quoted by local media as having said that he has received legal advice that he remains the party president until he is replaced at the next party congress, due next year July.
Although the party maintains Masisi automatically became party president when Khama handed him over the state presidency, Jacobs and his team holds a different view: “As much as I know, Masisi is not the BDP president. He has not been elected by the party congress to be it’s president.”
However Jacobs maintains that he and his team have not met with Khama before enjoining him in their suit, but strongly believe that he would have been compelled by an order of court to submit an affidavit.