Sparks fly over heir to Nchindo's estate

ISAIAH MOREWAGAE
Staff Writer | Thursday April 8, 2010 00:00

 

The state wants Nchindo's children, Nicola Segametsi Nchindo and Garvas Nchindo to face cross-examination because they are listed as joint executors of the late Louis Nchindo's estate.

The state prosecutor, Kgosietsile Ngakaagae, argues that Garvas and her sister Nicola should shoulder the responsibility of representing the company and take a plea on its behalf.

Ngakaagae submitted before Magistrate Lot Moroka that Garvas and his sister were listed as the executors of their late father's estate after he dies. Ngakaagae further submitted that the late Nchindo clearly stated in his will that the two should carry on the duties of his companies, ventures, businesses and partnerships including defending them in legal cases. Ngakaagae told the court that Nchindo's lagal team will give the two a mandate to carry on the duties of the company.

Another state attorney, Matlhogonolo Phuthego, read a paragraph from Nchindo's will, which confirms that he wanted Nicola and Garvas Nchindo to represent his estate in all respects including legal proceedings Phuthego further told the court that the will also entitles the two to dissolve his companies, ventures and partnerships when they find it fit to do so.

Phuthego submitted further that the representatives of Golconda Holdings would not be charged in their personal capacities. He was also surprised that Garvas has opted to distance himself from representing Golconda Holdings in criminal proceedings though he did so at the High Court.

However, the defence team led by Advocate Craig Webster fiercely objected to the state's position. Advocate Webster submitted that the law could not be overridden by the personal wish of an individual. He argued that the will of the late Louis Nchindo cannot be used to find a replacement for Golconda Holdings to plead in a criminal matter.

Advocate Webster also submitted that the issue of Golconda Holdings should be left until the executors have wound up the company and appointed the directors. Craig Webster told the court that an executor cannot be made to take a plea for issues that he or she had no association with during the crucial moments.

Webster told the court that the moral blameworthiness is extended to the office bearer who played an active role during the commission of the alleged crime. For the reason the executor would be prejudiced.

Magistrate Moroka will make a ruling today. Garvas and Joseph Matome face 10 counts from the 36 charges which were originally preferred against them before the death of Louis Nchindo and the acquittal of Jacob Sesinyi.  The charges were formulated again after Nchindo's death. He was the main accused person.

Kgosietsile Ngakaagae and Gopolang Tlhabologang for the state join Phuthego, while Webster teamed up with Advocate Paul Farlan and Lawrence Khupe for Garvas and Matome.