Kgosi demands seized guns
Mpho Mokwape | Friday December 4, 2020 17:46
In his effort to retrieve the guns, the former director of Directorate of Intelligence and Security (DIS) has filed a notice of motion before Court seeking it to compel the government to return his firearms and ammunition that were seized sometime back in February 2019. According to his papers filed this week, Kgosi said on February 15, 2019 he had a rude awakening when officers from the Botswana Police and DIS served him with a warrant of entry, then searched and seized his property without explaining why and what charges he was facing. He explained that during the house search, the officers took his firearms and ammunition in different models and now he wants them back.
In his founding affidavit, Kgosi says there has been a pattern of harassment against him, which explained the seizure of his firearms and ammunition.
“The State has not at any point attempted to provide the reasonable basis for holding onto my property. They have failed to indicate what offence they are investigating or why it is necessary to hold onto the property for the purposes of any investigation, if any,” he said.
The former director general also said he has never been interviewed regarding the purported investigations and for that it was unreasonable for the State to hold onto his property on mere allegations.
He said the pattern of harassment continued with frequent searches at his house, done at the most inconvenient of times and that when he asked why his property was being seized when he had permits to hold them, he was told by the officers that they wanted to know how he acquired them and how they were licensed.
“The officers seized the firearms and ammunition despite me providing them with necessary permits or licences. They also took away the permits with them. It is for this reason that I am unable to annex copies of the permits to the papers in proof of my legal right to hold firearms,” he said.
Kgosi further pointed out that it was now over a year and eight months since the police took the firearms and ammunition which entirely belonged to him legally.
He said there was no legal or reasonable basis for the seizure of the firearms because they were not unlawfully acquired and that they have not been used in any unlawful activity to warrant seizure.
Kgosi noted that there were no ongoing investigations against him that forces the State to continue holding onto his property saying if there was any they would have long interviewed him or taken action against him.
“Even if there were investigations, there has been not attempt whatsoever by the State to show how the firearms and ammunition are connected with whatever offence is being investigated. It is on this basis that failure to disclose the nature of the investigation that I want my property back. He explained that the whole thing fits in with a pattern of harassment the respondents have and are subjecting him to, noting that it was not difficult to fathom taking into account his relationship with the State and the harassment he has been receiving.
Kgosi said the harassment was also evident in the was he was removed from his job, pointing out that his termination from the intelligence unit was meant to humiliate him and portray him to the public as a rogue and a menace to the establishment. “The contents of the letter of dismissal were disclosed to me by the Permanent Secretary to the President in front of my junior officers. I was not given even the opportunity to properly hand over the rights to my successor,” he said.
He said from there, it followed a series of harassment including his arrest and constant search of his house until the seizure of the firearms and ammunition was taken from him. According to his papers Kgosi wants his firearms and ammunition back and the State to pay the costs of the suit. The State is yet to respond. Thabiso Tafila Attorneys act for Kgosi in the matter.