Two guilty of illegal firearm possession after Police shootout
Staff Writer | Wednesday October 8, 2025 08:15
The pair, Cyril Xolani Simelane and Meshack Assa, were found guilty of unlawful possession of a firearm and ammunition, both offences under Section 9(1) as read with Section 9(4) of the Arms and Ammunition Act (Cap 24:01).
Delivering judgment, Presiding Magistrate Gofaone Morweng ruled that the prosecution had proved beyond a reasonable doubt that the accused persons were in possession of a Type 54 pistol with an erased serial number, a PAK semi-automatic pistol, and five live rounds of ammunition back in June 22, 2024.
The judgment followed a lengthy trial involving seven state witnesses, including police officers, forensic experts, and an associate of the accused persons.
According to court records, the convicts were part of a group that had allegedly planned to steal a vehicle from a car dealership in Tlokweng.
Their plan, however, was foiled after intelligence officers, who had been monitoring the suspects’ movements, intercepted them in Mogoditshane. A shootout ensued, resulting in the death of one suspect, a South African national, whilst another fled the scene.
“The accused persons were confronted by police and failed to produce any licence authorising them to possess a firearm and ammunition,” the magistrate noted.
Police later searched a house in Gabane linked to the group, where they recovered ammunition and a South African identity card belonging to one of the accused. Further forensic analysis conducted by the Botswana Police Forensic Laboratory confirmed that the Type 54 pistol was functional and that the cartridges were live rounds.
The magistrate also criticised some of the witnesses presented by the prosecution, particularly an associate of the accused who turned state witness. The court found his testimony unreliable.
“He did not strike this court as an honest individual. I therefore conclude that he was not a credible individual, and this court cannot safely rely on his testimony,” the judgment read.
Despite those shortcomings, the magistrate said the physical evidence and forensic findings were sufficient to sustain a conviction.
“The possession of the firearm and ammunition by any of the accused persons amounted to possession by each and all of them, as they were all aware of their presence in the motor vehicle,” the court ruled.