Can a president be sued?

source: Mmegi
TSHIRELETSO MOTLOGELWA
Staff writer

While President Ian Khama continues to be linked with potential and existing court cases, legal minds seem divided on what presidential immunity entails. In the follow-up to the Kalafatis scandal, Khama threatened to sue a weekly newspaper for its report linking him with the killing.

The newspaper threatened to counter-sue and Khama withdrew the case. However it is in the case that will arise out of the Kalafatis’ family efforts to get justice that the theory of immunity is likely to be tested.

One school of thought maintains that a president is totally immune from prosecution on matters relating to his time in office, while others say immunity is limited only to the period of office. The second preposition puts the president, at the end of his term, under threat from cases arising out of his time in office.

Last week, lawyers of [continue reading]



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