Khama granted access to State House 4
Mpho Mokwape | Friday December 24, 2021 18:01
The access was granted by Gaborone High Court judge, Godfrey Radijeng following an application by Khama’s lawyers challenging the illegal sealing of the house by Directorate on Intelligence and Security (DIS).
Radijeng when granting the orders said he will give reasons for his decision on a later date.
“After listening to both parties I am compelled to grant the orders sought by the applicant, reasons will follow on the 30th of this month,” he said.
Earlier on Khama’s senior attorney Unoda Mack called the continuous sealing of Khama’s house by the DIS illegal and said it should not be allowed to continue.
Mack argued that DIS were operating on self help after they were denied search warrant by Lobatse High Court judge Ranier Busang and also denied urgent appeal by Court of Appeal.
“What the DIS is doing is illegal. They are illegally in possession my client’s house without his consent and without any court order. There is nothing empowering them to seal someone’s property without a search warrant, the removal of staff, his dogs by the DIS and subsequently padlocking the premises is outright illegal,” he said.
The attorney said the conduct by DIS must be stopped because it gives them the impression that they are above the law and they can do as they please without consequences.
Mack told court that it was even appalling that the DIS were not apologetic about their actions knowing very well that it was illegal since no law empowers them to do.
“They removed the staff, removed the dogs without any judicial order and now they argue that my client knew about the sealing. What does him knowing has anything to do with law since also he didn’t consent to all this. They say they are providing his security, this not it, it has nothing to do with security,” he argued.
Meanwhile the DIS on one hand argued that the sealing was part of the investigations and that it was on temporary basis.
State prosecutor Sifelani Thapelo said Khama knew about the sealing way back and did not indicate that it was an inconvenience to him.
“He knew about the sealing and did not approach court as soon as possible. He even opposed the appeal at Court of Appeal to be heard urgently because it would have helped in speeding up the investigations so he could have his house back,” he said.
He told court that the removal of dogs was a temporary thing since they were becoming edgy and destroying the sealing and that they will be returned as soon as Khama is back or if he appoints anyone to take them.