Khama dismisses DIS
Mpho Mokwape | Monday December 6, 2021 06:00
Khama, who is fighting to protect his right to privacy he says the DIS infringes on and not have searched his State House 4, said it was simply a tactic to ‘create fear’ and ‘poison’ the court’s mind against him.
“There is no truth to this. There is also no evidence placed before the court to prove the allegations against me. I am a law-abiding citizen. I have committed no offence,” he said.
In his answering affidavit to DIS’ appeal on the search warrant the intelligence agency was denied by Justice Ranier Busang, Khama explained that the security unit has no legal authority to be involved in criminal investigations against him, especially concerning offences created under both the Penal Code and the Arms and Ammunitions Act as it was the constitutional and legal authority of the Botswana Police Service.
He said the DIS was seeking from the court the legitimisation of grave illegalities already committed against him.
“A search and seizure warrant constitutes authority to infringe upon constitutional rights of privacy and enjoyment of property rights. In my case, this includes an infringement of my rights, benefits and privileges as a former president. This prejudice is inherent in the issuing of the search warrant,” he said.
Khama said as it is, the DIS has no right to approach the court for any relief for the reason that they have engaged in illegality and is in effect in contempt of court of Justice Busang especially that the spy unit still went to his house despite being denied the search warrant.
He explained that the judgement was a declaration of his right to the protection of the courts from unlawful State action; it amongst other things disallowed and protects him from unjustified and unauthorised intrusion to his privacy and also disallowed limitation of his right to property.
The former president said it was disheartening that the Peter Magosi led intelligence agency, despite being denied the search warrant, went to State House 4 to remove his private security officers and deny access to any non-DIS persons.
He pointed out that all his employees were evicted from State House 4, with threats that any one of them who remained will be arrested and detained.
“At the time of the illegal eviction order from the DIS, two of my privately employed personal security officers were on duty. The result is that only the unit’s agents are in occupation of State House 4. The same people who allowed an illegal entry of the DIS search team to enter State House 4 in my absence on November 12,” he said.
“The same people who are under the direct control of my accusers, the DIS and its director-general, remain in exclusive occupation of State House 4 without independent witnesses or any person protecting my interests.”
Khama pointed out that the DIS was undermining the judgement because the removal and eviction of all his private employees from State House 4 in his absence were done after it was handed down.
He said since the unlawful removal of his private employees the doors to State Houses 4 are now sealed.
“The conduct of the DIS complained about is clearly malicious and contemptuous of the judgement. The conduct of the unit, took place after the judgement was delivered and this is the conduct that amounts to contempt of the judgement,” he added.
Khama noted that on top of that, the unit knew that it had no legal authority to remove his private employees from State House 4 and knew that it had no authority in law, to deny “my private employees access to State House 4, especially against his express instructions”.
On the weapons the DIS alleges are hidden in State House 4, Khama said the armoury at the plot was kept in the guardhouse and used exclusively by the DIS and that the armoury keeps State weapons and his personal firearms.
“I have no access to this armoury. It is secured by the personal security detail and they are wholly responsible for it. The unit again demonstrates a lack of honesty in alleging that there were firearms and ammunition, which were sneaked into the DIS armoury, the DIS does not state who sneaked firearms into the DIS armoury and how that relates to me,” he said.
The former president said the spy unit was investigating his own personnel, and the armoury manned by them, there was absolutely no reason why a search warrant against me, and in respect of State House 4 becomes necessary and they are saying the armoury was already sealed and that the evidence was already preserved without a warrant.
“It boggles the mind what the purpose of the warrant would be. The DIS should instruct its agents who man the armoury to collect the necessary evidence or exhibits and deliver them to him. I have no control whatsoever concerning what goes into the DIS armoury or what is taken out. Movement of State weapons in and out of the DIS armoury requires no search warrant,” he said.
Khama is represented by Ramalepa Attorneys. The case will be heard on Friday at the Court of Appeal.