Africa-Press – Botswana. Former President Ian Khama says he is surprised that the Court of Appeal has reversed his victory in a legal battle about his retirement benefits. He has since labeled the ruling a gross injustice.
The victory comes after the State vowed it was not liable to Khama and his requests. One of the big issues is that former president’s request to visit spiritual leader, Dalai Lama, compromised the country’s relations with Asian giant, China.
On Friday the Court of Appeal bench agreed with the government that the High Court was wrong to rule that the former statesman was entitled to all the benefits and that he was to be compensated in full for the India trip. Khama has since told this publication through his Private Secretary, Mabedi Letsholo, that he saw it coming.
“I am not a lawyer, but there are many who are , as well as judges, including a court of appeal judge, who have sent me messages of support and indicated that this is a gross injustice. I draw comfort from their opinions.
However I can read and understand English and I would please ask you to read the law as it pertains to Former Presidents benefits and tell me if there is anything in there that gives a government the right to deny me what I am entitled to in regard to international travel. There is absolutely no condition attached to where I want to travel to, just like another benefit, which is my pension. Can the government dictate how I spend that. Can they dictate to me where I want to go with the vehicles I am entitled to, other than removing the registration numbers like they once did,” he said. Khama who has since fled the country to South Africa stating that he fears for his safety said he was warned this would happen.
“We all know what is going on in our country. I was warned that this was going to happen by reliable sources in the judicial system where every high court judgement in my favour was immediately appealed. As such I am told to expect losses in all cases I won at the high courts. But it does not matter. The time will come when the country and its democracy is restored to its original status,” he said.
The High Court ruled in Khama’s favour late last year and the government was to amongst other things compensate him for the India trip, but the State took the matter to the higher court appealing the judgement.
The State argued that it could not be subjected to a hostage situation where it was liable to every request by Khama and that the request by the former president to visit Dalai Lama was met with resistance because it ruined the One China policy and strained relations between the two countries.
On the other hand, Khama argued that the One China policy had nothing to do with him as an individual, therefore the court was right to rule that he was entitled to be reimbursed for all the expenses incurred on the trip.
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