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Court Of Appeal clears Anthony Khama

NOT GUILTY: Anthony Khama

Anthony Khama has won his appeal against the Directorate of Intelligence and Security and Attorney General in a case of unlawful search and seizure of property at his farm.

The search and seizure was done by the intelligence officers on the 27th and 28th October 2021 at Kenmoir farm.

Anthony and his family stay at Kenmoir farm which is registered in his brother, Seretse Khama Ian Khama’s names

In his case, Khama argued that the search warrant provided no authority for seizure of his personal property.

His reasons are that his name was not stated on the search warrant but of his brother Seretse Khama Ian Khama, Isaac Kgosi and Sehunelo Khunou.

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He argued that the seizure of his firearms, computers, pellet guns, air guns and portable radios was completely beyond the scope of the search warrant and therefore illegal, unlawful and wrongful.

None of his personal firearms or any other property seized were included in the search warrant among the items sought by the respondents.

“The property seized was taken without any reasonable suspicion that it may constitute evidence of any criminal offence described in the search warrant application. The search team failed to give any reason for the seizure of the appellant’s personal property. None of the items seized by the search team belong to either Seretse Khama Ian Khama or any of the respondents,” Khama stated his application.

The court ordered that the appeal be upheld with costs, the order of the High Court be set aside and replaced by that the warrant was not enforceable or executable against Anthony Khama’s exclusive personal property and that the seizure of his property on the strength of the search warrant was irrational and unlawful.

‘The appellant is entitled to the return of all his property seized during the search conducted on the 27th and 28th October 2021 at Kenmoir farm. The respondents shall pay all the costs of the application,” states the court order.

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1 Comment

1 Comment

  1. Jack Chirandu

    08/11/2022 at 13:02

    This shows that the judiciary is not captured unlike across the border ED pfee

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