Court orders return of property to estate of late Kgosi
Mpho Mokwape | Monday November 24, 2025 09:03
The court ordered the release through a settlement agreement from both parties, signed before Justice Onkagetse Pusoentsi on Wednesday, bringing to a close proceedings that began before ex spy chief Kgosi’s death and were continued by his wife, Matho Seitshiro.
The agreement comes six years after the DPP obtained an ex parte order in July 2019 that placed several of Kgosi’s assets under restraint while investigations were underway.
According to previous court documents, these included a bank account, a motor vehicle, large numbers of cattle and bulls, and a residential property in Phakalane.
Since Kgosi passed away before the matter was concluded, his wife, Seitshiro, pursued the case on behalf of his estate.
The confidential settlement agreement states that the July 2019 order that restrained the property has now been varied, allowing for the immediate return of the restrained assets.
Under the terms of the settlement, the DPP is required to release funds held in Kgosi’s ABSA Bank account, registered as account number 8624117, and transfer the full amount, including any interest earned during the period of restraint, to the estate. The account has been frozen for more than six years.
“The settlement also includes the release of a Land Rover Discovery registered as B 414 AXU,” reads the order.
The vehicle has been held by the authorities since the original restraint order was issued.
A significant part of the settlement concerns livestock seized as part of the investigation.
“The respondents must return all cattle belonging to Kgosi at the time of his death, including 200 heifers, 24 Simmentaler, 36 Brahman purebred cattle, one Brahman bull and one Simmentaler bull, along with all calves born during the years of restraint. The only exemption applies to cattle donated by Richard Miles and their offspring, which will remain under restraint or with their current custodian,” further reads the order.
In addition, the court has ordered the return of Lot 61299 in Phakalane, a property that was included in the original 2019 freeze order.
The respondents have been directed to comply with the release “forthwith,” meaning the transfer of assets and funds is expected to begin immediately.
While details of the underlying investigation remain undisclosed, the agreement indicates that no further action will be taken regarding the restrained assets.
With the signing of the settlement, the estate of the late Kgosi will now regain control of the property that had been held by the state since July 2019.
Before the former director-general of the Directorate of Intelligence and Security, Kgosi’s demise, he had in April 2023 filed a court case demanding his state-impounded assets back.
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 was 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 wanted 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 at the time.
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 had been derelict and the cattle had died while vehicles had 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 is not 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 within 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.
The property that was held by the receiver included:
*Sentlhane Farms * Lot 61299, Gaborone * Land Rover vehicle * Land Cruiser * Cattle consisting of 200 heifers, 24 Simmentaler, 36 Purebred Brahman, one Brahman Bull, and one Simmentaler Bull * Money amounting to P549,763.07 at Barclays Bank of Botswana.
Seitshiro is represented by Thabiso Tafila, while Ofentse Khumomotse represented DPP.