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Botswana: Khama deports the man who 'insulted' him
21st October 2009
As everybody was lost in the electioneering process, President Ian Khama quietly prepared deportation orders for a man alleged to have dared to say something to the effect that he could be of a different sexual orientation. Sayed Fakhan Shah, a businessman of Indian origin has been slapped with a deportation order signed by Khama himself.

"In exercise of the powers vested in me by Section 7(f) of the Immigration Act. I Seretse Khama Ian Khama, President of the Republic of Botswana hereby declare Syed Fakhar Abbas Shah to be an undesirable inhabitant of, or visitor to Botswana," the order says.The official stamp on the deportation order indicates Khama signed the document a day preceding the elections on Friday. However, Shah was only picked up yesterday to be incarcerated at the Gaborone Maximum Security Prison.The sub-text to this on-going saga is that Shah's deportation order was issued the same day the Directorate of Public Prosecutions withdrew the case against him."In pursuance of my powers under Section 51 A (3) of the Constitution of the Republic of Botswana and Section 10 of the Criminal Procedure and Evidence Act. I, Leatile Dambe, Director of Public Prosecutions for the Republic of Botswana, do hereby stop and discontinue criminal proceedings against accused person, Syed Fakhar Abbs Shah in the Gaborone Administrative District, criminal record no. CMMVI-000238-09 being the case of the state vs Syed Fakhar Abbs Shah presently before the village magistrate," the withdrawal from the DPP says.Shah was charged with the use of insulting language to the president contrary to Section 93 (1) of the Penal Code. It was alleged that on October 6, at Jamal Trading Company in Gaborone, Shah allegedly uttered the words: "I do not f**k ladies just like your President who does not have a wife". The case was to be mentioned on October 28.Shah's lawyer, Duma Boko told Mmegi that what Khama did is circumventing due process."DPP has withdrawn its case against the defence meaning that they do not have any case against the accused. But the President using this draconian and unchallengeable piece of legislation decided to circumvent due process. He has not had his day in court. The allegations against him are untested," said Boko. The lawyer is at a loss as to why his client has to be kept in custody when he has been declared a prohibited immigrant."Why couldn't they just allow him to go," he wondered.

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