25 Dec 2021

Judge, Dr Godfrey Radijeng of Gaborone High Court  on Friday granted former president, Lt Gen. Dr Seretse Khama Ian Khama instant access to his official residence, State House 4.

Dr Khama approached the court on urgent basis seeking it to intervene following a decision by the Directorate on Intelligence and Security Services (DIS) decision to seal his residence in October.   The respondents in the matter are the Director General of DIS and the Attorney General.

In his ruling, Dr Radijeng concurred with the applicant that the affidavit deserved to be treated as an urgent matter. “The respondents are to restore, as a matter of urgency to the applicant, possession, occupation and access to State House 4, situated at plot 260/261 Extension 9, Gaborone. The respondents are to restore to the applicant, their removal of the applicant’s personal belongings, namely, two Alsatian dogs.

“The respondents are restrained and interdicted from denying the applicant access and occupation of State House 4, in any matter whatsoever,” said Dr Radijeng.  Dr Radijeng said reasons for the ruling shall follow on December 30. The respondents were also directed to pay for the costs of the application.

The applicant’s attorney, Mr Unoda Mack argued that the decision taken by the respondents to seal the applicant’s official residence, confiscate his official vehicle and his dogs was unlawful as it was done without legal authority. Mr Mack said if the court was satisfied with his client’s reason, his possession, access and occupation of official residence must be restored immediately.

“The respondent’s actions are unlawful as they were done without my client’s consent,” he said.

 “Without a court order, the decision by the respondent to seal State House 4 is illegal,” he said adding that his client told him that on December 17 that his premises was sealed, his dogs taken away from his residence and his vehicle impounded.

Mr Mack said it was without doubt that the DIS provided security for his client, however, sealing his premises without his knowledge had nothing to do with the security rendered to him.

Representing the respondents, Counsel Thabiso Olatotse was of the view that the application lacked urgency. Mr Olatotse said the applicant had long known about the sealing of his premises on or around October 29, but did nothing until now.

Mr Olatotse, agreed the situation inconvenienced the applicant, but assured the court that the applicant had consented to the decision.

The respondents also indicated that the inconvenience was temporary, as it was only done to enable investigations. “Investigations in relation to the discovery of arms of ammunition at State House 4 are ongoing, once the investigations are complete, he will regain access and occupation of his official residence. The decision to seal the premises was done as part of his personal security. Following experts’ advice and having assessed the security threat resulting from the discovery of weapons within the premises, a determination was made that he must not be accommodated at the premises pending finalisation of the matter at hand,” he said.

“Our act was not in bad faith, and therefore the application must not be treated as urgent and must be dismissed with costs,” he had said. ENDS