Khama, the brother to former president, Ian Khama had his property including a rifle, which used to belong to Kgosi Sekgoma and personal laptops taken by the Directorate of Intelligence and Security (DIS).
In his latest filing at the CoA, Khama wants his property returned to him arguing that the search warrant used against him was not in effect therefore, it was unlawful.
His appeal comes after Justice Chris Gabanagae of the Gaborone High Court rejected his urgent application, in which he was seeking to get the search declared unlawful.
The judge had at the time ruled that the warrant permitted the search and the seizure of the said properties as the State felt it was part of the investigations and would assist in a great deal.
However, Khama does not agree with the lower court and believes the search at his place of residence at Kenmoir Farm was illegal and his property was illegally seized by the DIS.
Though not disputing that the property searched was registered in the former president’s name, he said he has been residing at the property since the passing of his mother and that Ian Khama does not reside there nor keeps firearms.
In his affidavit Khama said the judge erred in declaring that the search warrant was legal and that his property was part of an ongoing investigation.
“The lower court failed to appreciate that the search and seizure of the items was unlawful and wrongful especially that there was no competent search against me. I was not even mentioned on the search warrant for it to warrant the seizure of my personal belongings,” he said.
He submitted that the court was wrong because the former president, who the search was directed at, did not even live on the farm, and that he did not keep any firearms sought on the farm.
Khama said it was for court to recognise that the people listed on the search warrant resided on the farm except him and his family.
“I was not part of the search warrant and my property was seized without any reasonable suspicion that may constitute evidence of any criminal offence described in the search warrant application and the warrant had already been rescinded. It was used when it was not in effect,” he said.
He wants the appeals court to compel the DIS to return his personal stuff, which he said mostly were used for business especially the laptops.
Meanwhile, Khama fell into the hands of the DIS as it intensified the search against the ex-president and his close family.
At the time of his search, he said that on October 25, 2021 while in South Africa with his family he received a call on his mobile from his brother Tshekedi Stanford Khama who told him that a search team was at his residence at Kenmoir Farm, and was forced to cut the trip short.
“On October 27, my family and I arrived at the farm, we unpacked and immediately we were shown the search warrant by one of the members of the search team which I quickly scanned,” he said.
Khama pointed out that his items seized were three external hard drives, webbly and scoot pellet gun, black BB air gun, rifle presented to Kgosi Sekgoma, model B steel air gun, two asus laptop computers, dell laptop and many other items including ammunitions.
Following the seizure, he immediately fought to get the property back with little luck as his application was dismissed.
Khama is currently in South Africa following his arrest and detainment at the hands of the DIS alongside his twin brother, Tshekedi and Tshekedi’s wife, Thea.
