06 Aug 2023

A case in which the state is appealing a ruling by the High Court that former intelligence chief, Isaac Kgosi be handed back his firearms has been remitted to the High Court for case management and disposal under a different judge.

The three-man Court of Appeal bench of justices; Isaac Lesetedi, Leatile Dambe and Basetsana Nkabinde handed the judgement in open court on Friday(August 4).

The bench agreed with appellants in the matter, being the Attorney General, Botswana Police Service and the Directorate of Intelligence and Security Services that the lower court failed to properly exercise its discretion in the matter.

In its ruling, the High Court had premised its decision on the argument that the appellants filed their answering affidavit late, after three months, more so without an application for condonation.

On that basis, Justice Abednego Tafa then struck the application out, meaning that the main application by Kgosi to be handed his firearms now stood unopposed, therefore giving the state no chance at arguing its merits of opposing his appeal.

The state, however, in its appeal to CoA argued that the High Court misdirected itself as there was no provided time frame within which applications must be filed.

The bench then agreed that the appellants were correct in their argument that the High Court failed to exercise its discretion properly, and should have allowed them to file their answering affidavit to allow the case to be heard on its merits for proper determination.

They, therefore, ordered that accordingly, the appeal should succeed and the matter be remitted to the High Court for proper management.

The firearms were seized from Kgosi on February 15, 2019 and are still in the possession of the state, pending a case at the magistrate’s court to determine if he obtained and registered them legally. ENDS