CoA to decide on legality of Kgosi's guns

Mpho Mokwape | Tuesday July 25, 2023 06:00

The decision, which is expected on August 4, will determine if Kgosi gets his guns back that have long been in the possession of government since being seized from his residence in 2019.

At the time, the State had argued that the guns were illegally obtained and registered but had lost the case against Kgosi last year at the High Court and was given a three-day ultimatum by former judge president, Abednigo Tafa, to return the guns.

Instead of heeding the ultimatum, the State rushed to file at the CoA saying it stands a chance to keep the guns away from Kgosi because they are part of a pending criminal case at the Magistrate’s Court. On Friday, the appeals bench heard the State’s case in which it argued that the guns cannot be returned to the owner as yet without determining their legality.

The State believes that the court erred as it failed to establish that the guns’ licences were not obtained accordingly and that they are part of a criminal case yet to be heard.

“The guns form part of a case before the Magistrate’s Court and they are still part of ongoing investigations. The court erred in not considering these facts by ordering that they be returned,” expressed the State.

The State also pointed out that the court erred in not staying the proceedings when it came to light that the guns were part of a criminal case and form part of the evidence. Kgosi opposed the appeal arguing that the court had established that the guns were lawfully registered in his name and that he had provided enough evidence and documentation to sustain that.

“I have all the requisite licences to possess the firearms and it has been clear that I am the lawful owner,” he said. He said there has been a pattern of harassment against him, which explained the seizure of his firearms and ammunition. He said the State has not at any point attempted to provide a reasonable basis for holding onto his property. “They have failed to indicate what offence they are investigating or why it is necessary to hold onto the property for any investigation, if any,” Kgosi added.

According to the case, Kgosi’s guns were seized on February 15, 2019, following a raid at his residence in Phakalane. He said on that fateful day he had a rude awakening when officers from the Botswana Police Service and DIS served him with a warrant of entry and then searched and seized his property without explaining to him why and what charges he was facing. Kgosi explained that during the raid, the officers took his firearms and ammunition in different models that he legally owned.

The guns in question are as follows:

* 300 rifle serial numbers 710-9550 * 12 gauge double barrel shotgun serial number 0505544 * 9mm Jericho pistol with two magazines 14.A * 30/06-rifle serial number C700521Bruno * 308-rifle number 3433854 * O/U shotgun 12g serial number 09137 NP153 * 9mm pistol serial number 857992 * Combination 12/76 and 3006 serial number 4/8666 4 4R 04838 * 50mm pistol serial number 41201234 * 12 gauge shotgun serial number 63529 PR 152