The Court of Appeal (CoA) has ordered the Directorate of Intelligence and Security (DIS) to return Anthony Khama's property which it seized at his Kenmoir Farm in 2021.
Today's CoA bench comprising Judge President Tebogo Tau and Justices Isaac Lesetedi and Singh Walia set aside the order of the High Court that the DIS used to search and seize Khama’s property.
“The search warrant is not enforceable or executable against Khama’s exclusive personal property. "The seizure of his personal property from his Kenmoir Farm on the strength of the search warrant was irrational and unlawful," the bench ordered.
The judges said the DIS was to have returned all his property seized on October 27 and 28, 2021.
The judgment comes after Khama fought tirelessly for his property to be released. During his appeal he reckoned that it was time he got his personal property back since he was not on the DIS investigation list and was never cited in their court papers.
Khama was seeking declaratory orders from CoA against a search warrant that was used at his Kenmoir Farm in October 2021, accusing the spy unit of holding his property illegally. The DIS had seized Khama's property, including his personal firearm, despite saying they were only looking for firearms his brother, former president Ian Khama, allegedly hid.