The Broadhurst Magistrate court this morning upheld Former spy boss, Isaac Kgosi’s warrant of arrest, which was initially issued back in July 24.
Magistrate Tshepo Thedi, when delivering the ruling, said that Kgosi’s version of events is that he was examined on June 11, 2019 and was then informed that he has to remain in Malaysia for at least eight weeks and possibly more months to undergo surgery.
“He was able to travel to Israel and spent 12 days. If he was well enough to travel to Israel for close to two weeks, there is no reason why he could not have come to Botswana for purposes of satisfying his bail conditions to report to the Broadhurst Police station.”
Magistrate Thedi further said she was not persuaded that there was a supervening impossibility that prevented Kgosi from reporting to the Broadhurst Police station during the month of June 2019.
“This is not in any way to suggest that the applicant is misleading the court in stating that he has a back condition. It is nonetheless clear that the applicant is not terminally ill, as he was able to travel to South Africa by road, where he remained for several days. He was also able to travel to Israel. The applicant’s condition is therefore not as critical as he would like the court to believe.”
“The rule of law requires that all be treated equally before the law and court orders to be complied with. Citizens are not at liberty to take the law into their own hands. The law brought into disrepute when citizens unilaterally decide which orders to comply with and which ones to disobey. The wilful disobedience of court orders is not to be taken lightly,” The Magistrate stressed.
The court further observed that Kgosi’s lawyers also failed to apply for a variation of bail condition. “They only approached the court for a variation after a warrant was issued.”
The court further said that there was no basis for rescinding the warrant of arrest against Kgosi. “Its immediate enforcement will go a long way in upholding the rule of law,” the Magistrate said.