DIS Search Application Against Khama Dismissed
Mpho Mokwape | Tuesday November 23, 2021 06:00
The search warrant application that was allegedly heard on Friday saw no appearance from Khama’s attorneys.
According to the order, the application was dismissed with no order to costs.
“There being no appearance for either party and having read the documents, the application is dismissed,” the judge said.
The judge said though the DIS and other law enforcement agencies were legally entitled to approach courts ex-parte to procure these types of warrants such applications are like final orders and deprive the respondent a chance to answer for themself.
He explained that the case was unique given its context in particular the fact that a warrant was previously issued against the same person.
“If a second warrant is to be issued full and honest disclosure should be proffered, not only on the basis of the existence of an order previously issued and what became of the searches made pursuant to that warrant but because the law also provides for such disclosure in the ex-parte application,” he said.
The application filed by DIS was apparently meant to continue the search against the former president following an initial warrant that was granted sometime last month by Gaborone High Court judge, Chris Gabanagae.
The spy unit had allegedly filed the application while Khama’s lawyers from Ramalepa Attorneys had no idea because as of yesterday (Thursday) morning they filed power of attorney and were seeking to file further papers after getting hold of the file.
Meanwhile Khama, who is out of the country on what many take as a self-imposed exile, has been having a back and forth with the security agency in what he says is harassment.
The DIS has been for the past weeks in a mission to search all of Khama’s plots including those of his immediate family members. He left the country while the search was ongoing and having defied the spy unit’s director-general, Peter Magosi’s demands to relinquish the weapons sought.
The DIS had gotten a search warrant granted by Justice Gabanagae on October 21, 2021.
The judge had ordered that the DIS could conduct a search of Khama’s premises and seize any items and then file an inventory of any seized items within 14 days of the date of the execution of the warrant.
The DIS had made an application to search Khama’s six plots alleging that there was ‘certain concealed property’.
According to the spy unit, the concealed property had a list of about 18 weapons.