Khama decries 'costly' DIS dishonesty
Mpho Mokwape | Tuesday July 19, 2022 06:00
Khama who appeared before the Court of Appeal on Friday against the DIS that is seeking an appeal after being denied access to search one of his houses known as State House number 4 moved an application for leave, disclosing how dishonest DIS has been and in the process costing him more than he can bargain.
“The application for leave for additional material in the record of appeal is necessitated by the reprehensible conduct of the DIS. It has put me out of pocket because this application would not have been necessary if the DIS had been honest and disclosed all the information before a High Court judge,” he said.
Before a bench of judges, the search warrant appeal sought by DIS was postponed as the former statesman through his attorneys indicated that they have made an application for leave requesting for a legitimate addition to be made to the record of appeal.
Khama in his documents explained that the need for addition to the record was necessitated by the DIS’s dishonesty regarding the search warrant application.
According to his record, the spy unit on November 19, 2021, Gaborone High Court judge, Chris Gabanagae refused DIS a search warrant for Khama’s State House number 4, an application that was the second after initially being granted one but they (DIS) went back to court saying it excluded the said house. The DIS having failed to obtain the search warrant, went to Lobatse High Court the very same day and re-filed without disclosing to Justice Ranier Busang in the papers that the same application had already been refused by Justice Gabanagae.
“This application is necessitated by the fact that the full sets of papers in the second application were only discovered on July 8, more than one week after my receipt of the record from the Registrar. Threrefore, my request to add the second application to the record can only be competently made with leave of a judge and I humbly seek such leave,” Khama requested.
He explained that the application which was the subject of appeal by the DIS was the third application they had made and had deliberately withheld information that the same search warrant was refused by Gabanagae hours before arguing that it constituted fraudulent non-disclosure by the spy unit and the lawyers who acted for them.
Khama said had Busang been privy to all the information, he would have dismissed the third application perhaps without even going into the merits.
“The unit and its legal team knew this and deliberately decided to withhold such information from the judge though he refused the application on the basis that it lacked full and honest disclosure of important material and right now among other reasons the appeal is that the judge was wrong in making this finding,” he said.
In conclsion Khama submitted that since the DIS was dishonest and moved a second application ex-parte without even communicating its outcome with him, he was entitled to the costs of the application for leave and that it should not be added to the main application of appeal.
On one hand the DIS who is opposing the application has denied any form of dishonesty.
In an opposing affidavit deposed by Buthu Mazinyane, a DIS officer said it was not true that Khama only found out about the second application for the search as his attorneys were aware.
“His attorneys, one being Tebogo Tladi knew since May 17, 2022, but choose to wait until last minute so as not only inconvenience both court and us,” he said.
Though he admitted that the second application was struck out by judge Gabanagae, he denied that the one before judge Busang was the same though they choose to use the same and said they didn’t choose judge Busang as alleged but that they filed with the Registrar and the system picked him.
The application for leave will be heard at the end of the July session.
Khama is represented by Unoda Mack and Ramalepa Attorneys while DIS is represented by Sifelani Thapelo.