24 Jul 2022

The Directorate of Intelligence Services (DIS)’ appeal of an application to conduct a search and seizure at former President Lt Gen Dr Seretse Khama Ian Khama’s official residence, State House number four, is scheduled to be heard during the next session of the Court of Appeal (CoA).

The draft consent order, where DIS is seeking to be allowed to search and seize properties at State House number four, was filed and approved on Thursday, before the CoA bench comprising of Justices Singh Walia, Tshepo Motswagole and Mercy Garekwe.

The DIS had previously lost its expedited appeal application to conduct a search and seizure at  Lt Gen Khama’s official residence, with the Court of Appeal ordering that the appeal be made in the normal course.

The DIS has approached the CoA with the application challenging a High Court judgment by Justice Rainer Busang in November 2021, on the grounds that the court erred in law by failing to consider that sealing of a crime scene was not self-help and unless the sealing had been held to be without a factual or legal basis, the remedy of spoliation was not available.

The DIS had approached the CoA after the High Court turned down its request to search Plot 260/261 being the official residence of former President Khama.

The agency had stated that the house, was erroneously omitted from the initial search warrant issued against Lt Gen Khama, and the omission was only discovered October 23, 2021.

Following a stalemate between former President Khama and the DIS, which wanted to search the premises, the agency approached the High Court on November 19, 2021 for it to sanction the search and seizure. 

However, Justice Busang dismissed the application, hence the decision to appeal.

The appellant is represented by Thapelo attorneys, while the responded is represented by Ramalepa attorneys. Ends