Kgosi appalled at state of property, dead cattle
Mpho Mokwape | Monday April 24, 2023 06:00
This follows after July 19, 2019, at the peak of a legal tussle between Kgosi and government organs, when an order was obtained by the Directorate of Public Prosecution (DPP) to impound his property which he now claims is in a derelict state.
But on Tuesday, Kgosi filed a notice of motion demanding his property back which he said is in a dire state and will continue to deteriorate if he does not get it back.
In his application, he is demanding that the order that was obtained by the DPP on behalf of the Directorate on Corruption and Economic Crime to get hold of his property including Sentlhane Farms and some of his cars be set aside.
He wants the court to direct the state through the Office of the Receiver to restore the restrained property to him but most importantly he wants compensation in the event the receiver fails to restore some of the property as he explained that most of his cattle are dead.
“In the event that the receiver will not be able to restore the restrained property, the receiver should be ordered to compensate me for any loss suffered, which compensation shall include but not be limited to all interest that would have been earned by me on the money attached inclusive of any insurance cover that may have lapsed on the vehicles and property attached,” he said.
According to his plea, Kgosi explained the deterioration of his property explaining that the receiver upon whom the property was temporarily vested has done very little to maintain the assets.
He said Sentlhane Farms whose ownership he was last year charged with corruption has been derelict and whose cattle have died while vehicles have not been maintained and serviced on due dates much to his prejudice.
“The above state of affairs will continue unless the order is set aside and it is the reason that I seek to be compensated in the event that the receiver not being able to restore the property to me for any loss suffered,” explained Kgosi.
The former spy chief also noted that the reason why he wants the order set aside was that the state in its previous papers admitted that it failed to give him a chance to be heard and also failed to institute any forfeiture proceedings on the time frames prescribed under the Proceeds and Instruments of Crime Act.
Moreover, Kgosi said investigations relating to the matter could not be open-minded and that the state from the issuance of the order had more than 20 months to complete their investigations and this is in addition to the time when investigations were initially commenced in 2011 in respect of Sentlhane Farms.
“All the key witnesses have been interviewed and given statements. There is nothing complex about the investigations. State will suffer no prejudice should the property be returned to me and the balance of convenience favours the granting of the order sought as there is no alternative remedy available for me. I undertake not to dispose of the property but to continue looking after it,” he said.
Kgosi further pointed out that the assertions by the state that he engaged in acts of corruption or crime-related activities, and abuse of office were speculative, generalised, and unsupported by any evidence.
He also argued that the restraining order obtained did not meet the bare minimum standard as the allegations were unsupported by any evidence of wrongdoing and that the entire application was based on suspicion and inadmissible hearsay evidence.
“I submit that State has to show the offences allegedly committed. Equally, the court had a duty to satisfy itself that a minimal case had been made out for granting of what now turns out to be a final order rather than an interim. The Court erred in granting the final order in not according to me the right to respond. By doing so, the court left me without any recourse against the unlawful deprivation of my property,” he noted.
The property held by the receiver includes:
* Sentlhane Farms * Lot 61299, Gaborone * Land Rover vehicle * Land Cruiser * Cattle consisting of 200 heifers, 24 Simmentaller, 36 Purebreed Brahman, one Brahman Bull, and one Simmentaller Bull * Money amounting to P549,763.07 at Barclays Bank of Botswana