‘The search at the Khamas was legal’
Mpho Mokwape | Monday November 22, 2021 06:00
Anthony, the brother to the former president Ian Khama also found himself caught in the saga between his brother and the Directorate of Intelligence and Security (DIS) as most of his personal property was taken. Now, according to Justice Chris Gabanagae's recent ruling on the matter, the search warrant was not illegal as Anthony claimed. When rejecting the urgent application, Justice Gabanagae said the warrant permitted the search and the seizure of the said properties which the State felt was part of the investigations and would assist in the ongoing investigations. "The seizure of the applicant's property from Kenmoir Farm on the strength of the warrant was not unlawful.
It was done on the strength of the search warrant issued by the court on October 21,2021," he said. He explained that since the search warrant was executed, it rendered the orders sought by Anthony for his property to be returned incompetent and that once investigations are done his property will be returned if established that no offence has been committed.
Justice Gabanagae further said the argument by Anthony that he was not mentioned as part of the search warrant did not hold water as the search warrant also mentioned that it included the former president and his immediate family members which Anthony is part of as his brother. "Immediate family would include spouse, children, parents, brothers and sisters.
The applicant was not part of the search warrant but he is the brother and resides on the property listed as one to be searched," he said. The judge explained that from the reading of the search warrant and the affidavit of the state, it was clear that it was wide enough to allow the search on Khama or any other person on the farm and for seizure of anything that may be found upon such search which is or may afford evidence of any offence under the Penal Code and or Arms and Ammunition Act.
He also explained that none of the parties in the search warrant made an application to rescind or set aside the warrant therefore the decision to reject the application. Meanwhile Anthony has been fighting for his personal property to be returned following a search at his place of residence at Kenmoir Farm. According to him, despite the property being registered in the former President’s name, he has been residing at the property since the passing of his mother and that Khama does not reside there nor keep firearms. In a founding affidavit where he wanted the search warrant to be declared unlawful and his property returned, Anthony said none of the respondents listed on search warrant reside on the farm. “Dr Khama does not reside on Kenmoir Farm, nor does he keep any firearm on the farm. None of the respondents listed on the search warrant reside on the farm, nor do they keep any firearms or other property relevant to the search on the farm,” he said.
He explained that on October 25, 202 1while in South Africa with his family, he received a call on his mobile from his brother Tshekedi Khama and told him that the search team was at his residence at Kenmoir farm, where he was forced to cut the trip short. “On October 27, my family and I arrived at the farm, we unpacked and immediately we were shown the search warrant by one of the members of the search team which I quickly scanned,” he said.
Anthony pointed out that his items seized were three external hard drives, webbly and scoot pellet gun, black BB air gun, rifle presented to Kgosi Sekgoma, model B steel air gun, two asus laptop computers, dell laptop and many other items including ammunitions. He is alleging that the search and seizure of the items was unlawful and wrongful especially that there was no competent search warrant against him.