Delays, dispute over Kgosi estate, State yet to return assets
Mpho Mokwape | Monday May 4, 2026 10:30
Furthermore, the State is yet to hand back other assets of former Directorate of Intelligence and Security (DIS) head despite a consent order agreed between both parties. This has raised fresh questions about missing property, deteriorating holdings, and ongoing court delays.
The matter came again before the High Court recently, where the State asked for more time to correct and refile an affidavit that had not been properly signed.
The affidavit is part of the State’s response to lawyers representing Kgosi’s estate, who are seeking the return of assets they say are still outstanding.
Kgosi’s estate is represented by Thabiso Tafila of Thabiso Tafila Attorneys, while the State is represented by Ofentse Khumomotse.
At the centre of the dispute are the many assets of the late DIS’ Director General that were seized by the State early 2019, after alleging them to be proceeds of crime. Sometime back, the parties agreed through a consent order that the State would return some of the assets.
The order required that certain assets linked to Kgosi be returned, including unfreezing of bank accounts. However, despite the agreement, the estate reported that many of those assets have not been handed back.
Lawyers for the estate are certain that some of the listed assets may no longer exist in their original form, and amongst the items in question are livestock and vehicles, which they say have either disappeared or lost value while under the care of the State's Receiver.
According to submissions made in court, cattle that formed part of the estate are believed to be missing or unaccounted for.
Equally, vehicles that were seized have reportedly depreciated over time, raising concerns about their current value compared to when they were first taken.
The estate argues that the delay in returning the assets has caused loss, as items that were once of significant value may now be worth far less or may not be recoverable at all.
The State, however, has maintained that not all the assets can be returned, pointing to specific properties it believes are proceeds of crime and therefore subject to forfeiture. One of the key assets in dispute is the Sentlhane farm.
The State argues that the farm should not be returned to the estate because it is linked to alleged unlawful activity.
This position forms part of the affidavit that the State sought to correct and refile. During last week’s proceedings, State counsel Ofentse Khumomotse asked the court for additional time to address the issue with the affidavit.
The court was informed that the document had not been properly signed, making it procedurally defective.
The request for time meant that the matter will be delayed further, and for the estate, the delay adds to an already long-running process.
Since Kgosi’s death, there have been ongoing legal battles over the control, management, and return of his assets, and the estate’s legal team has raised concerns about how those assets have been handled.
They argue that instead of being preserved, some assets have either diminished in value or cannot be traced. This, they say, undermines the purpose of placing them under receivership.
The full list of assets still under dispute through court documents indicates that they include both movable and immovable property. Movable assets include livestock and vehicles, while immovable property includes land such as the Sentlhane farm.
The dispute highlights the difficulty of managing assets over long legal processes, especially when their value depends on time and proper maintenance. Livestock requires care and monitoring, while vehicles can lose value quickly if not used or maintained.
The case continues on May 26, 2026, where the High Court is expected to consider several key issues, including a point the judge made that the State has no forfeiture application that has been filed despite keeping Kgosi's assets.