I was not on DIS radar—Anthony
Mpho Mokwape | Tuesday October 4, 2022 06:00
Khama, who is seeking the Court of Appeal (CoA) declaratory orders against a search warrant that was used at his Kenmoir Farm in October 2021, accused the spy unit of holding his property illegally.
He is adamant that the property that was seized at his farm had nothing to do with the search warrant as it was not firearms that the DIS was looking for, which were alleged to have been hidden by his brother and former president, Ian Khama. “I am seeking declaratory orders to the effect of the search warrant was not executable against my personal property, that the seizure was unlawful.
In the alternative I seek an order rescinding or setting aside the search warrant,” he said. He argued that by executing the warrant, the DIS was overly broad in its approach and it did not regard his constitutional rights and that the warrant itself was too vague in that it permitted the search at the farm but did not specify the limits to which it could go, as it should not have allowed for the search of his residence and personal belongings.
In his papers filed before the CoA, Khama said he has no idea why his farm was searched when the DIS knew the search warrant did not mention him as one of the persons who were being investigated or a person whose property was sought to be seized on the strength of the search warrant.
“The search warrant sought cited Dr Ian Khama, Isaac Kgosi, and Sehunelo Khunou and sought to seize firearms and ammunition registered in the names of the cited and believed to be illegally possessed,” he said.
According to his case, the search warrant provided no authority for seizure of his personal property reason being that he was not named in the search warrant as the person being investigated.
That there were 18 firearms listed which were alleged to have been concealed at his farm but none of his personal firearms or any other personal property seized was included in the search warrant amongst the items sought by the DIS.
“There is no competent search warrant against my personal property. The property seized was taken without any reasonable suspicion that same may constitute evidence of criminal offence described in the search warrant,” he argued. Khama further explained that the search team at the time failed to give reasons at all for the seizure of his personal properties and that none of the items seized belonged to either his brother nor any of the respondents named on the search warrant. He pointed out that the reading of the DIS affidavit deposed by one Mafutha clearly made no connection between him and the offence of the alleged guns.
“There was absolutely no information specific to him in either the warrant or Mafutha affidavit, which would justify resort to a search and seizure warrant. The search warrant, therefore, provided no authority for seizure of his property from Kenmoir Farm,” he said.
Additionally, Khama said DIS boss, Peter Magosi knew before and during the search at the farm that the firearms sought from his elder brother are kept by the DIS personnel in the firearm storage at his [Ian] official residence in Gaborone.
He bemoaned that while the search at the farm may have been permissible simply by reason that it was listed in the warrant, the seizure of property not listed in the search and completely unrelated to the investigations was illegal.
“Even if the search could be justified on any ground which is denied, the seizure of my firearms, computers, pellet guns, air guns, and portable radios was completely beyond the scope of the search warrant and therefore clearly illegal, unlawful, and wrongful,” he said. The parties will meet in court on October 17.