After being given a three-day ultimatum to return ex-spy chief Isaac Kgosi’s seized guns, the Directorate of Intelligence and Security (DIS) and the Botswana Police Service (BPS) have now moved to have the judgment stayed.
This, pending a final determination of the appeal lodged by the applicants before the Court of Appeal.
On June 9, Judge President of the High Court, Justice Abednigo Tafa ordered that Kgosi’s guns be returned to him because the applicant had demonstrated through uncontroverted evidence that the firearms in question are legally registered in his name.
“The arms are to be released to the applicant within three days from the date of this order. The evidence presented to the court clearly showed they were lawfully registered in his name. Such registration in my view showed evidence of ownership,” Justice Tafa said at the time.
Tafa has since ordered the issuing of a rule nisi which is a court ruling that will be upheld unless the party appealing the ruling can show cause for the ruling not to be upheld. The rule nisi will be returnable on the date of the status hearing.
Tafa has also ordered the respondent Kgosi to file his answering affidavit by June 23, while the applicants being the BPS and the DIS are to file their replying affidavits by June 28. The latter shall also file their heads of argument by July 4, while Kgosi shall do the same by July 11. The matter is set for a status hearing on September 9 at 9am.