*Unlawful raids backfire as Mzwinila wins round one
Justice Barnabas Nyamadzabo of the Gaborone High Court has ordered the Department of Immigration and Citizenship (DIC) to lift the passport flagging imposed on the Mzwinila family on grounds that it is unlawful.
He also interdicted and restrained the Directorate on Corruption and Economic Crime (DCEC) from conducting warrantless searches or seizures of Mzwinila’s properties.
Furthermore, the Mzwinilas were granted protection to receive payments from their stakeholders and debtors, and ordered the DIC and DCEC to pay the costs of the application.
The Mzwinilas had approached the High Court seeking an order barring the DIC and DCEC from conducting searches or seizures of their properties without a valid warrant.
They also wanted the immediate return of their seized items.
It was discovered during trial that the DCEC had not complied with the order granted on 9th December, 2025, that they ought to have filed the answering affidavit by 1300hrs on the 10th December, 2025.
They filed the affidavits at 1835hrs instead of 1300hrs and the applicants contended that the documents be declared null and void, and that the application be considered unopposed on the merits.
The judge agreed with the Mzwinila family in their argument that the manner in which the DCEC carried out their investigations was unacceptable, unlawful, and arbitrarily leading to devastating economic and constitutional consequences.
The court heard that a June search warrant named only the first and second applicants without including any companies, farms, third parties or properties. The warrant, the judge noted, was fully executed within the same month and had therefore expired.
“Applicants bitterly complain that since the 29th November 2025 they have endured warrantless raids; seizure of business critical equipment; detention and intimidation of staff; interference with lawful payments via an unlawful PICA directive; passport flagging without statutory authority and a pattern of conduct designed not to investigate but to economically suffocate the applicants,” Justice Nyamadzabo said.
The judge observed that the DIC made significant concessions, including agreeing to cease monitoring of the minor child and issuing a Savingram to its stations.
“While it is argued by the Respondent that the Applicants have failed to satisfy the elements required for the granting of an interim interdict they themselves have essentially agreed to such a relief despite their reference to Section 9. Moreover, regarding the 1st and 2nd Applicants’ minor child the interdict and specific performance agreed to are of a final nature. Even with the 1st and 2nd Applicants own passport flaggings, because of the absence of and Answering Affidavit there appears to be no cogent reason why such flaggings exist”.
Justice Nyamadzabo ruled that the applicants had provided convincing reasons for the protection of their right to privacy; dignity; freedom of movement; property; economic activity and protection against unlawful searches and seizures.
“I really agree with the Applicants that all these constitute prima facie rights in the instant case,” he said stating that after the June warrant, the respondents never obtained any fresh warrants.
Meanwhile, the Directorate of Public Prosecutions (DPP) urgently approached a different judge last week seeking an order to interdict the Mzwinilas from moving their assets to South Africa, or transferring to different people, arguing that DCEC investigations had established possible criminal activity by the couple.
Justice Oteng Motlhala is expected to make a ruling on Friday.
