Gaborone High Court Judge – Michael Motlhabi on Monday set Friday as the day in which he will pass a judgment in a case in which the Department of Public Prosecution (DPP) is challenging Magistrate Lindiwe Makgoro’s decision to grant former Directorate of Intelligence and Security (DIS) boss – Isaac Kgosi bail.
Kgosi appeared before the Gaborone High Court on Monday where DPP said it wanst Magistrate Makgoro’s ruling to be set aside, considered null and void as well as for Kgosi to be remanded in custody for 14 days. This is after Kgosi was slapped with six charges amongst them having in his possession forged or irregular documents purported to be specimen of Botswana Passports.
The recent Kgosi arrest comes at a time when it appears that his 2019 utterances that he would “topple this government” has come back to haunt him and the State.
This is contained in an affidavit by Botswana Police Service (BPS) officer Jet Steven Mafuta in before the Magistrate in a case in which Kgosi is charged with among others possession of forged or irregular documents purported to be Botswana passports, possession of ammunition and firearms without a license.
Mafuta who explains in his affidavit that he has been seconded from the BPS to DIS states that sometime in March 2021, an investigation team comprising of members of the DIS and the Botswana Police was set up to investigate Kgosi.
He said the investigation was triggered by the arrest of Kgosi around the 15th of January 2019 upon his arrival from an overseas trip. According to Mafuta, during the course of his arrest he uttered the following words “I will topple this government” or words to that effect.
Mafuta said given his profile law enforcement were alarmed by his utterances. A search and seizure warrant was subsequently obtained so as to establish whether he indeed had the capacity to topple the government. He said a task team comprising members of the BPS, DIS, DCEC and BURS was set up to execute the warrant.
Mafuta said during the search the following firearms and ammunition were seized from Kgosi , 300 rifle serial number 710-95602 , 12-gauge double barrel shot gun serial number 050544, 9mm Jerico Pistol with 2 magazines, 14A, 30/06 rifle serial number C700521Bruno, .308 rifle serial number 3433854, O/U shotgun 12g serial number 09137NP13153, 9mm pistol serial number U-857992, combination 12/76 and 3006 serial number 4/86664 4R 0$838 , .50mmpistol serial number 41201234 and 12 gauge shotgun serial number 09137NP153,
He said other items that were discovered include.308,(7.62X51) PMP Brown Box total 100 rounds , .300 win magh PMP /Pro-Amm Blues & White Total 64rounds , 9mm(9X19mm) total 195 rounds , 9mm(9×19 mm) Seller & Bellot Green & Red Boxes total 250 rounds , 12 gauge shot gun rounds maximum royal Rio, (00buck LG/some SG) total 20 rounds, 9mm Luger (9x 10mm) and Sellier & Bellot total 37 rounds.
Mafuta said they also discovered, a 308 Winchester Privi Partizan ammunition total 11 rounds, 12 gauge shot gun Maxim Royal Buck Golda ammunition total 10 rounds, 12 gauge Elay Grand Pris ammunition total six rounds, 30.06 PM(loose rounds) ammunition total four round’s, 9mm short , (38 auto) (corsto) (9×17) empressa Nacklonal Santa Barbara de Industias Militares S.A Toledo ammunition ; 5.56 X45mmm caliber ammunition fired cartridge cases and a 7.62X25mm Magnum ammunition
He said on or around the 2nd December 2020, Kgosi filed an application with the High Court seeking the release of all the firearms and ammunition seized at his residence. It was only then that the DIS realised that the Police had not conducted investigations following the seizure. Mafuta said following the formation of the aforesaid investigation team, the firearms and ammunition in dispute were taken from custody of the Botswana Police Service and an earnest investigation commenced focusing on the origin, licensing and nature of the firearms and ammunition in question.
“During the course of the investigation, further evidence was discovered indicating that the accused has committed numerous offences both under the Penal Code and the Arms and Ammunition Act and I had reasonable grounds to believe that there was evidence of further arms ammunition in the possession f the accused person,” said Mafuta.
He said on the 21st of October 2021, the Director General of the Directorate of Intelligence and Security brought an application before the High Court for a search and seizure warrant of various premises belonging to Kgosi.
