In a dissenting judgement she issued for the DIS appeal against Khama about the search warrant for his State House, Justice Garekwe disagreed with her counterparts Judge President Tebogo Tau, Justices Isaac Lesetedi, Lakhvinder Singh Walia and was backed by Leatile Dambe. The three judges had made a judgement agreeing with the High Court that the DIS had no right to search the State House because there was non-disclosure of information before Justice Ranier Busang of the High Court. But Justice Garekwe is of the opinion that the judges should have looked more into the security of the country than Khama’s privacy especially that the DIS was looking for arms and ammunition.
Justice Garekwe explained that with the suspicion that Khama was likely to be in possession of arms of war and one such being an Ak-47 assault rifle, it should have been enough for the warrant to be issued because the gun was not licensed for ownership by individuals in the country. “If Khama is in possession of such A weapon, how did he possess same and for what purpose? The DIS affidavits have linked Khama to Isaac Kgosi’s search, which was conducted after he threatened to topple the government,” Garekwe questioned. She pointed out that it was then discovered that between Khama and Kgosi, a substantial number of firearms inclusive of arms of war have been procured under circumstances that boarder on unlawfulness. For instance, she said some were not licensed or were improperly licensed but never inventorised or found their way into the state armoury.
