Fake lawyer beats system
Pini Bothoko | Friday July 7, 2017 17:36
Moyo is charged with two counts of unlawfully remaining in Botswana and obtaining by false pretences. Appearing before Ngandu, Moyo claimed to be represented by Jacob D. Nkate Attorneys who were not present in court for his mention.
Court proceeding had to be halted as his attorney was nowhere to be found. Ngandu, however, instructed him to make sure that his lawyer appears in court on July 20. “You have told this court that you have an attorney therefore I cannot proceed any further with this case until your lawyer appears in court. Make sure you appear with your counsel on July 20th,” Ngandu said.
Mmegi has learnt that to date Moyo’s attorneys have not yet contacted prosecution to enquire about his case despite having long claimed that he has legal representatives. Moyo remained in Botswana unlawfully beyond 90 days between October 31, 2012 and June 21, 2017 in Gaborone for a period of 1,695 days (four years, 233 days).
During investigations, he failed to produce any document allowing him to stay in Botswana after his initial residence permit had expired in 2012. On another charge, the accused is said to have defrauded 165 people money as legal fees by falsely pretending that he is a duly registered lawyer and admitted as such in Botswana whilst he knew that the presentation was false.
The incidents occurred between November 1, 2012 to June 21, 2017 through his Para Legal Services and Consultancy Company. The accused operated an unlicensed business and rendered legal services and had no proper qualifications to practise as a legal advisor.
About 165 files of people who had sought his legal services with cases at district level, Magistrates Courts, High Court and Court of Appeal were discovered in his office. It was revealed that he had represented 84 people at the High Court, Court of Appeal, and Industrial Court. He also defended 52 cases at Magistrates Courts, four at district and 25 are still unregistered.
In his first appearance in court, the Investigating Officer detective senior superintendent Sergeant Marapo revealed that it has emerged from the Law Society of Botswana that the accused is not their member, despite practising law and handling high profile cases.
Marapo further told the court that Moyo also said he was attached to the legal department during his days with the army and did law on correspondence, but failed to produce any proof. He also failed to produce his passport but gave him (Marapo) just a page of a passport bearing his photo and particulars.