The Directorate of Intelligence Services (DIS) appeal against former President Ian Khama’s criminal cases are scheduled to be heard on the 15th and 21st July 2022.
The DIS has appealed to the Court of Appeal seeking an order to be allowed to search and seize properties at State House number 4(Khama’s official residence).
According to Court documents, the DIS “leave for expedited application” was dismissed last year by Justice Stephen Gaongalelwe and ordered them to make an appeal application in the normal course.
On their grounds of appeal DIS says the court quo erred in law and in fact by failing to consider that sealing of a crime scene is not self help and unless the sealing has been held to be without a factual or legal basis the remedy of spoliation is not available.
The state agency said the High Court was wrong in law and in fact by failing to consider that there was no legal challenge to the sealing of State House 4 and Khama’s vehicle before the institution of the application.
The grounds of appeal further shows that, the High Court failed to consider the import of the factual findings made by Court of Appeal in the leave for expedited appeal judgment that the respondent, (Khama) had acquiesced in the sealing of the state house 4 and cannot be heard to complain at any inconvenience thereafter.
The appeal grounds states that the sealing of State House number 4 had been litigated upon and a final determination was made by Justice Gaongalelwe that the status quo should remain until the appeal against Judge Rainer Busang’s judgment is finalized.
The state organ, through their lawyer Thapelo Sefelane, said the court erred in law and in fact by failing to consider the key principles which arose for determination specifically the urgency spoliation, lis penders and the concept of finality in litigation.
The grounds of appeal shows that the court further erred by failing to consider that Khama had not entirely lost possession of the properties as the conclusion of investigations will automatically revert the properties to him.
Khama will be represented by Ramalepa Attorneys while DIS will be represented by Thapelo Sefelane of Thapelo Attorneys.
