- “To allow DIS to seize property without a court order is to take a long step to dictatorship”
- Says DIS “simply took the law into their own hands in seizing” Kgosi’s firearms
- Avers state knew it did not have a warrant to do so
- Says Kgosi’s arms are not arms of war in terms of Arms and Ammunition Act
GAZETTE REPORTER
The High Court has ordered the state to return all firearms seized from former Director General of the Directorate of Intelligence and Security (DIS), Isaac Kgosi.
Significantly, the court warned that allowing a spy agency “to seize property without a court order is to take a long step down a totalitarian path”.
Delivering his ruling on Kgosi’s confiscated arms, Justice Dr Zein Kebonang said DIS “simply took the law into their own hands in seizing them” and “knew they did not have a warrant to do so”.
Politically-motivated
The firearms, confiscated during a raid on Kgosi’s residence in 2019, were seized under allegations of unlawful possession and security concerns.
Kgosi, however, has maintained that the firearms were legally acquired and registered, asserting that their seizure was politically-motivated and part of a broader campaign to discredit him.
In his ruling, Justice Kebonang found that Kgosi’s firearms were “properly acquired, registered, and licensed”.
“The confiscation of these firearms, ammunitions and licences were therefore without just cause, unlawful, and illegal,” he said.
By doing so, the judge added, “DIS undermined the rule of law and due process”.
The state failed
According to the ruling, the state also failed to provide sufficient evidence to justify the continued confiscation of Kgosi’s firearms.
“The state did not show up in court when the matter was called despite having been served with a notice of set-down,” Justice Kebonang stated.
“They did not provide an explanation for their non-appearance or make any arrangements to ensure that they were represented. They must therefore take responsibility for their actions.”
The state, represented by the Attorney General’s office, has yet to announce whether it will appeal the decision.
According to legal analysts that The Gazette contacted, it won’t be easy, given that the state did not appear to argue its case when the matter was called despite having been served with a notice of set-down.
Once a powerful figure in Botswana, Isaac Kgosi has faced numerous accusations since his tenure as the head of DIS ended.
The accusations include charges of corruption and abuse of office.