DIS, former President Khama fight continues
Mpho Mokwape | Monday July 4, 2022 06:00
Last year December, two High Court judges in separate applications ruled against the spy unit in relation to the house.
The first appeal which is in relation to a search warrant that was denied against the DIS by Lobatse High Court, Ranier Busang the intelligence agency is seeking a review of that decision, as it still wants access to the house.
The DIS is adamant that Khama’s official residence is a hub for illegal weapons and needs to be searched.
The spy outfit has clearly not given up the fight to gain access to Khama’s State House number 4 despite the denial by High Court last year December.
According to the spy unit, which attempted for the appeal to be heard on an expedited basis but failed, it is of the view that the former president smuggled weapons from the DIS armoury into a safe in his house making it difficult for the intelligence agency to get evidence for investigations.
In the grounds of appeal, the State submits that when armoury was searched nothing incriminating was found despite being common knowledge the weapons were initially in the facility.
“We want to search the house as we believe the weapons were removed from the armoury to the safe inside Khama’s house. That is also why we want access to the CCTV footage to get a clue as to how the weapons were moved,” argued the State.
The State also states in its appeal that investigations were likely to be stalled if not given access to the house.
On one hand Khama’s attorneys, Ramalepa Attorneys are opposing the move accusing the State of being dishonest and seeking a second bite on the cherry as they had been granted a similar search warrant before.
They argued that the State had access to the house before and did not find anything incriminating against their client and wonder why State is hell bent on getting another access.
On the second appeal also against Khama by the DIS, the spy unit is appealing the spoliation order that was granted by Gaborone High Court judge Godfrey Radijeng late December last year.
The order meant that Khama could access his house without any hassle following an application by his lawyers challenging the its ‘illegal’ sealing by DIS.
Now the DIS in the latest appeal are arguing that the sealing was part of the investigations and that it was on temporary basis.
State is arguing that 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,” State said.
The former president’s attorneys are opposing the appeal submitting that the continuous sealing of Khama’s house by the DIS was illegal therefore that was why it was not allowed to continue by the judge.
They are arguing that the DIS was operating on self-help after they were denied search warrant by the High Court and an urgent appeal by CoA.
“What the DIS is doing is illegal. They are illegally in possession of our 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,” state the court papers.
Both cases are scheduled for July 15 and 21 respectively.
Khama is represented by Ramalepa Attorneys while Sifelani Thapelo represents the State.