09 Jun 2022

Judge Abednego Tafa of Gaborone High Court  yesterday ordered The Attorney General, Botswana Police Service and the Directorate of Intelligence and Security to release firearms, ammunition and permits to Isaac Kgosi within three days.

Judge Tafa said it was the duty of the court to ensure that citizens were not dispossessed of what appeared, on the face of it, to be their property by anybody including agents of the state.

Kgosi had approached the High Court with an application seeking the respondents to immediately return his arms, ammunition and permits, including a 300 rifle, 12 gauge double barrel short gun, 9mm Jericho pistol with two magazines 14.A, 30/06 rifle and 308 rifle.

The other weapons of war that the applicant was seeking included O/U shotgun 12g, 9mm pistol, combination 12/76 and 3006, 50mm pistol and 12 gauge shotgun.

Justice Tafa said the application was anchored on the affidavit of the applicant, which was opposed by the respondents through notice of opposition on December 8, 2020.

He said evidence before court was that the listed firearms were indeed collected from the custody of the applicant.

“He had the requisite licences to possess the firearms.

This is prima facie evidence of lawful possession and/or ownership.

There is no evidence on the record, that the dispossession was justified,” said Judge Tafa.

The respondents, he said had not presented legal basis or reasonable ground for the continued detention of the firearms.

“There is no evidence on record that there are investigations against the applicant in connection with the firearms except for unverified social and print media reports.

The court cannot, in the absence of sworn evidence in the form of an affidavit, take into account such reports,” said Judge Tafa. Furthermore, Judge Tafa said Kgosi had demonstrated through uncontroverted evidence, in the form of an affidavit that the firearms in question were lawfully registered in his names.

Based on the papers filed and on the balance of probabilities, Judge Tafa said he was satisfied that the applicant had made out a case for the relief he was seeking.ENDS