The Sebina brothers will get back their properties and company documents after successfully winning a suit in which they wanted Extension II Magistrate’s court to annul the entry, search and seizure warrant granted to the Directorate of Intelligence and Security (DIS).
A fortnight ago, the brothers Kegone and Tshepho Sebina, owners of Tshepho Tile Products, TTP, Estate Construction and Estate Property Investments companies, appealed to Magistrate Batho Kgerethwa to rescind the entry, search and seizure warrant, which she granted the DIS on February 13, 2019.
This was after the DIS director general, Peter Magosi appeared before Extension II Magistrate Kgerethwa and took an oath implicating the Sebina brothers and their companies in alleged acts of corruption.
In the affidavit in support of the application, Magosi made it clear that the investigations then being carried out were directed against all those suspected to be associated with Isaac Kgosi, the former DIS boss.
However, on Friday the Court ruled in favour of the Sebina brothers. Magistrate Queen Moanga delivered the ruling on behalf of Kgerethwa who is said to be on sick off.
When reading the ruling Magistrate Moanga said “the warrant is set aside. Rescission is granted and the Respondents are ordered to return the documents and properties of the applicants with immediate effect”.
She also ordered the Respondents to pay the cost of suit.
In her reasons, Magistrate Kgerethwa attacked Magosi’s evidence. She said the entry, search and seizure warrant was obtained under
She said in his evidence, Magosi failed to direct the court to the offence allegedly committed by the Sebina brothers’ companies. She also said Magosi had failed to inform the court of the progress made in investigations against the companies despite saying they could not release the properties and documents to their owners because investigations were still ongoing.
“It is wrong for the DIS to withhold the properties and documents without informing the court of the progress made in the investigations; how these properties and documents are assisting in the investigations. It has been a year since the court granted the warrant,” she said.
She indicated that the court has to be availed all the facts and not to be kept in the dark as it is the case.
She wondered why the Respondents do not want to reveal the link of the Sebina brothers’ companies with the alleged offence allegedly committed by former spy chief, Kgosi of national security.
The Sebina brothers claim to have been victims of harassment, threats and ill-treatment from a number of government departments which include DIS, Directorate on Corruption and Economic Crime, Botswana Unified Revenue Service and the Botswana Police.