Khama, DIS tug of war intensifies
Sharon Mathala | Tuesday November 22, 2022 06:00
In a rather dramatic Friday Court of Appeal (CoA) session where it was expected that a search warrant would be issued on State House 4, which is occupied by Khama, to finally lay the matter to rest, more drama unfolded.
A panel of five justices, Tebogo Tau, Isaac Lesetedi, Mercy Garekwe, Lakhvinder Singh Walia, and Leatile Dambe, were bemused when the state suddenly decided to withdraw the matter.
Twenty minutes before the bench could deliver its judgement, the state dropped a bombshell. In its defense, the state told the court, its reading of the law is that an applicant has the liberty to withdraw any matter at any time. The state's understanding was, however, shot down by the judges who accused the appellant of abusing court process.
The judges believed and ruled that because judgements were ready and printed, the state could not withdraw the matter. Interesting twists are not new to this case as recently, it was Khama’s lawyers who walked out of court indicating that their client, Khama, informed them that he had received information that decisions in his matters had already been taken.
Then, Khama said that he will not participate in the proceedings and honour fixtures of a match that had already been determined. In their judgments, the judges point out that although Khama exercised his right by choosing not to participate because he had already filed extensive opposing papers in court, the court elected to continue dealing with the matter.
On Friday, when delivering a ruling in favour of Khama, it is only Justice Garekwe who differed with the majority. “The purpose of the search warrant sought in the present appeal is simply to aid the ongoing investigations.
In taking part in such investigations, the Directorate is not, for instance, seeking to prosecute the matter as that is a role for the Directorate of Public Prosecutions after investigations are completed.” Justice Garekwe further pointed out that the other justices who ruled in favour of Khama suggested in their judgement that the DIS should be criticised for usurping the role of the proper crime prevention force such as the police. “This statement being made in the context of the present proceedings can therefore only relate or is understood to relate to seeking of the search warrant by the Directorate in the manner it has. The majority (other judges) unfortunately has not elaborated on this point.
It is important, however, to observe that, in the context of what is before this court, the DIS has not sought to usurp the powers of the proper crime prevention force.” She continued to defend the DIS saying: "It (DIS) is part of the proper crime prevention force. It has powers inter alia to investigate numerous crimes and seek warrants of search and seizure to aid such investigations.
It has the power to gather ministerial intelligence at the request of any government ministry, department, or agency. It has the power to regulate the flow of intelligence and security cooperation with any government ministry, department, or agency entrusted with any aspect of maintenance of national security.” Meanwhile, sources in Khama’s camp have told The Monitor that Khama is seriously considering suing the DIS for contempt. This comes as the judges were delivering judgement in the CoA matter as the DIS is said to have continued searching Khama’s house.