The High Court has ruled on the ongoing legal dispute between former spymaster Isaac Kgosi and the state, stating that it has unfairly damaged careers and lives. Justice Dr. Zeinub Justice Kebonang, while delivering a verdict on the Kgosi firearms and ammunition case, expressed concern about the prolonged conflict's detrimental effects on government agencies and the overall functioning of public and private life.
Justice Dr. Kebonang emphasized that the mutual animosity and mistrust between Kgosi and the spy agency have negatively impacted various government facets, compromising the rule of law and institutional sanctity. He warned that if the dispute continues, it could further harm the country.
The case originated from a 2020 application by Isaac Kgosi seeking the immediate return of his firearms, ammunition, and corresponding permits, as well as relief and cost of suit. The state filed an interlocutory application, arguing that the criminal proceedings against Kgosi render his application moot.
In response, Kgosi contended that his firearms were lawfully registered, and their seizure lacked legal basis. He argued that the mere institution of criminal proceedings is insufficient to justify the confiscation of his firearms, as there has been no conviction, and his licenses remain valid.
Justice Dr. Kebonang, in his ruling, criticized the state's conduct, stating that their seizure of Kgosi's firearms without a court order amounted to a breach of the law. He concluded that the charges against Kgosi arising from the registration and licensing of his firearms were malicious and an abuse of power, predicting their failure. The mootness application was dismissed, with costs in favor of Kgosi.