The Court of Appeal (CoA) will hear an appeal from the Directorate of Intelligence Services (DIS) on a request to perform a search and seizure at State House #4, the official house of former President Lt. Gen. Dr. Seretse Khama.

The proposed consent order was submitted and approved on Thursday before the CoA bench made up of Justices Singh Walia, Tshepo Motswagole, and Mercy Garekwe. The draft consent order asks for permission for DIS to search and take properties at State House number four.

The Court of Appeal ordered that the appeal be undertaken in accordance with the normal procedure after the DIS had earlier lost its expedited appeal application to conduct a search and seizure at Lt Gen Khama’s official residence.

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

The CoA was contacted by the DIS after the High Court denied its request to inspect Plot 260/261, former President Khama’s official residence.

The house was mistakenly omitted from the initial search warrant granted against Lt Gen Khama, according to the agency, and the omission was not found until October 23, 2021.

On November 19, 2021, the DIS requested permission from the High Court to conduct a search and seize items after negotiations between the agency and former President Khama came to a standstill. Justice Busang, however, rejected the application, leading to the choice to appeal.

Attorneys from Thapelo are on the side of the appellant, while attorneys from Ramalepa are on the side of the respondent.

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