Isaac Kgosi, the former spy chief is has been set free after spending a weekend in prison. Kgosi is still in battle with the state which wants him to remain behind bars while investigations on his case are ongoing.
This morning the former Director General of the Directorate of intelligence and Security Services (DISS) walked free after his lawyers Unoda Mack and Thabiso Tafila of Tafila Attorneys managed to secure him a liberation warrant.
Kgosi was detained over the weekend after Justice Michael Motlhabi ruled in favor of the state in a case which the state wanted the judgement which accorded Kgosi a bail reviewed and revoked.
Though the state won the case, it appears the ruling was misunderstood as the state believed it gave them the right to detain Kgosi, on the other hand, the defense attorneys did not see any ruling which specified that Kgosi should be remanded.
Clarifying the ruling as per defense attorneys request, Justice Motlhabi outlined;
“The warrant of remand was issued after my judgment and this makes me functus officio.
Justice Michael Motlhabi
The warrant of remand is not predicated on any order I made, and this will require fresh proceedings before a different forum, be it the Magistrate Court or the High Court, whichever forum the parties will advise themselves to be appropriate.
There is no ambiguity in the judgment of this court in that;
It is clear that the court did not make any substitutionary order, incarcerating the 2nd Respondent.
It is clear that the 2nd Respondent is to appear before a different Magistrate on Thursday 11 November 2021.
In the event the parties require a reasoned judgment they must notify the Registrar of this Court within the next 72 hours, and the reasoned judgment will be delivered within the time frame prescribed by the Rules.”
