The State reportedly filed an application on Tuesday, a day before the scheduled arguments for the matter seeking a stay of proceedings in a case where Kgosi wants the return of his firearms and ammunition that were seized from his house by the State sometime back in 2019. The application for stay of prosecution did not see the light of day as it was established by court that it was not properly brought before court, as it did not follow the court rules. The matter proceeded to the main application as Kgosi’s attorney Diba Diba sought for the guns to be returned to his client saying the State had failed to respond to the filed papers on time.
He explained that the State took five months to file its papers and that when they did, it was without leave of the court. Diba pointed out that the State only filed for the variation on their application way out of time when they realised that the case was coming for arguments. On the guns being the subject of criminal case before the Magistrate, Diba argued that they had filed their case way before the criminal matter came into play. “This matter has been before court way before the criminal case was filed and also it is before a higher court and cannot be stayed for a matter before a lower court,” he said. State attorney Charles Gulubane said there was already a criminal case filed against Kgosi at the Magistrate Court for the same guns that he was demanding. He explained that the guns were a subject of a criminal matter therefore, they could not be returned before the conclusion of the matter. “The guns are part of an ongoing investigation and a pending criminal case before court. We pray that the court will consider that in its decision,” he pleaded.
