DIS appeals dismissed Khama search warrant
Mpho Mokwape | Monday November 29, 2021 06:00
Last Sunday, Justice Ranier Busang of Lobatse High Court dismissed the DIS application for a search warrant of Khama’s property being Plot 260/261 also known as State House 4.
Now the spy unit has reportedly filed an ex-parte application before the Court of Appeal seeking to overturn Justice Busang’s ruling. According to the DIS’ grounds of appeal, the search against Khama’s State House 4 was crucial because they believe the house has weapons. The DIS lead investigator, Jet Mafuta says some colleagues involved in the investigation against Khama have tried to access the premises by approaching him on October 23, and were denied access. “We have belief that the house has concealed firearms and weapons.
The house was erroneously left out of the previous search warrant and consequently a search of the said property could not be conducted,” he said. He explained that Khama denied the investigators permission to search the premises despite confirming that some of the arms and ammunition were in a safe within the premises, but he could not surrender them because the person who had the keys for the safe was not available until October 25. “Khama was subsequently given a deadline of November 8 to have surrendered the arms and ammunition to the investigators.
On that day without notifying the DIS he crossed into South Africa and he has remained there up to the present day,” he said. DIS says the search would be necessary to their probe as further investigations against the former president have revealed that several firearms were prior to his departure sneaked into the armoury located at the State House 4 in order to compromise the investigation.
Meanwhile, Justice Busang dismissed the application citing that the court should not be quick to grant orders, which would amount to intrusion into the private life of an individual, as and when asked to do so without interrogating in detail if such an order is justified. He explained that had the DIS been vigilant enough in the first application of the search warrant, there would have been no need for the application to search Khama. “The DIS has not made a case for granting the order it is seeking therefore the application is dismissed,” he ruled.
Justice Busang also said the DIS approached the court almost a month later to be allowed to search State House 4 without explaining what became of the search at Khama’s other properties and whether there is still anything that was seized in the process or not. He pointed out that in terms of law on ex-parte application, such disclosure was essential. “Utmost good faith and full disclosure in this context requires that the court be appraised not only about the alleged error that led to omission of State House, but whether there is still a basis for another warrant to be granted given that there is one that exists already,” said the judge. The Judge said nothing was done and the court was in the dark about the status of the investigations.