Nkate stars in Nchindo case, stuns prosecution

GIDEON NKALA
Staff Writer | Friday April 16, 2010 00:00

 

Yesterday, the former minister was in court, giving evidence in the criminal case that has now engulfed the Nchindo family. He got wide attention.

Nkate was the prosecution's star witness. Well, he was supposed to be ... but when court adjourned late in the afternoon, there were long and weary faces among the prosecution team contrasted with wide smiles on the Nchindo end.

Nkate was called as a witness because he was the minister who in 2000 allocated 70 hectares of land to the Tourism Development Consortium (TDC).

Giving evidence, Nkate was asked many questions but it was clear that the two parties were interested in one critical piece of information from the former minister.

When he allocated the piece of land to TDC, did he in his mind think that he was allocating the plot to a company that was owned by Debswana or a compnay privately owned by the late former Debswana managing director, Louis Nchindo?

Giving his evidence in chief, led by prosecutor, Matlhogonolo Phuthego, Nkate confirmed that he allocated the plot to TDC. He said he based his decision to approve the allocation on the recommendations made to him by his officers and that he too exercised his mind. When asked if he would have approved the allocation if he had known that the TDC at the time of the application was not an incorporated company he answered in the negative.

'Of course not,' Nkate said.

There has been a suggestion by the prosecution that TDC, at time when they applied for the plot, was not a registered company.  

Nkate was asked if allocation means ownership. He gave a spilt answer. 'In law ownership only starts once a transfer has been effected but in every day practical use people believe that allocation means ownership,' he replied. Giving the history of the controversial application, Nkate said Nchindo had made contact with the then Assistant Minister of  Lands and Housing, Joy Phumaphi, who verbally acceded to Nchindo's request.

He said the ministry felt duty bound to assist given the assistant minister's assurances. In the recommendations that were subsequently made to the minister, the then permanent secretary of lands, Botshelo Mathuba, expressed misgivings that the land that was to be allocated to TDC was 'too big'.

Nkate said his officers, upon investigation, concluded that much of the land was made up of undevelopable land consisting of burrow pits and it was only good for the development of golf courses.

With respect to cabinet intervention, Nkate said there was a meeting of cabinet in January 2002 where 'some white men' made a presentation on some valuable tourism projects to be undertaken. He said the presenters talked about various projects including a proposed lodge in the Chobe National Park, a hotel in Maun at an investment value of P98 million projected to employ 210 people, a retail and a diamond exhibition centre at an investment value of P10 million to employ 15 people.

The presenters also sought to build a five star hotel and casino in Gaborone at an investment value of P223 million to employ 400 people. There was another project in the Okavango Delta, a tented camp at an investment value of P27million which was to create 50 jobs. 

The Basarwa of the CKGR and their supporters might wince at the next piece of evidence. This group also wanted to build a lodge inside the Central Kgalagadi Game Reserve at a cost of P27 million. Total planned infrastructure was P592 million creating about 1,085 jobs.

Nkate said it was clear that this was a Debswana led project and government agreed to the project. In fact a cabinet minute, and subsequently a presidential directive, was issued in support of these projects.

Court heard that while cabinet decided to allow Debswana to continue with the projects in respect of the lodge in the CKGR, the developers were asked to wait until all Basarwa had been relocated out of the CKGR. When the cross-examination ended it seemed as if the prosecution was turning the screws on the defence.

In his cross-examination advocate Craig Webster seemed focused on his prize, the TDC application and the minister's allocation.

He asked Nkate to examine the TDC application of 5 September 1997 and asked him if there was anything in the application that says this application was from Debswana.

Other than the fact that there was a Debswana address used in the application letter Nkate said there was nothing about Debswana.

Advocate Webster: 'I understand that in Botswana people use the mailing addresses of where they work?'

Nkate: Yes

Advocate Webster: 'There was nothing unusual about Nchindo using his work address

Nkate: It is not unusual'.

Advocate Webster: 'Do you know a lot of people who use their work address?'

Nkate: 'Yes'.

Having dismembered the link between the Debswana address and the TDC application as nothing unusual, Webster then moved in for the kill - 'Who allocated and what was the basis for allocation?'.

In cross-examination Nkate said when he allocated he only relied on the information provided by his officers and his own judgement.

Advocate Webster: This was a careful and thorough process?

Nkate: Yes.

Advocate Webster: In the documents there was no mention of Debswana?

Nkate: No mention at all.

Advocate Webster: This application followed the normal course?

Nkate: Yes, it did.

Advocate: Did you at any stage think that this was a Debswana application?

Nkate: I cant recall thinking this was a Debswana application.

Adviocate Webster: You applied your mind to all considerations and decided to allocate the land to TDC?

Nkate: Yes, I did.

Advocate Webster: After allocating what was left really were formalities and technicalities?... Although this was drawn out, it was simply an issue of technicalities?

Nkate: Yes.

Advocate Webster: When you made the allocation President Mogae played no part in the allocation?

Nkate: It was my decision made with reference to advice I got from my officers

Advocate Webster: 'You were not even influenced by minister Mokgothu?'

Nkate: 'Not me'.

 Advocate Webster: 'Not even the then Vice President, the current President?'

Nkate: 'No'.

Advocate Webster: 'The cabinet meeting of January 25, 2002, where Debswana projects were discussed came 18 months after you had already allocated the plot to TDC. Is that true?'

Nkate: 'Yes, whatever happened at that meeting would have played no part at all.

You could see jaws dropping at the prosecution desk, the body language pointing to a plot gone badly wrong.

This meandering case had not attracted a lot public of interest but on the day BDP chairman, Daniel Kwelagobe, was in attendance and so was Parks Tafa who sat in the public gallery.  You see a smile from Kwelagobe who wrote an affidavit in support of Nchindo's claim and you see a glint in Tafa's eyes. We all disperse out of the courtroom in a single file. Even Kwelagobe and Nkate, who in the BDP political divide are said to be in two polar positions, exuberantly enter into a handshake as the cameras capture the Polaroid moment. Advocate Webster is to continue his cross-examination today and the prosecution will get an opportunity to re-examine Nkate at the end of the cross-examination.  At this point, Advocate Webster asked for  an adjournment.