Vital information missing in Nchindo case

ISAIAH MOREWAGAE
Staff Writer | Wednesday April 7, 2010 00:00

 

Matlhogonolo Phuthego told Regional Magistrate, Lot Moroka in Gaborone that the file of TDC cannot be found at the Registrar of Companies while that of Golconda does not have much information. Phuthego said that the file of Golconda identifies only the late Louis Nchindo as the sole director of the company. He stated that the file does not reveal other directors or officers of the company as required by the law. 'Files that we got from the Registrar of Companies does not show other members of the company such as its secretaries. That is why we find it difficult to find a substitute person to take a plea on behalf of Golconda,' he said in the case where Garvas, son of the late Debswana boss, Louis Nchindo and ex-Deswana executive, Joseph Matome, are charged with corruption.

Phuthego added that the file has a certain Namjahadina Kaider listed as a one percent shareholder and the late Nchindo as 99 percent shareholder in Golconda. He explained that Kaider has since distanced himself from Golconda and the state intends using him as a witness. 'We wanted to charge him with Nchindo but we could not do that as he deposed to an affidavit distancing himself from such a company and he is one of our witnesses,' Matlhogonolo said. He submitted that the company has already appointed an executor who should be brought to court to take a plea on its behalf. He told the court that such a person (the executor) would not be an accused person but simply taking a plea for the company.

However, Craig Webster for Garvas and Matome told the court that an executor cannot be made to take a plea for issues that he/she had no association with during crucial moments. He 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. As such the executor would be prejudiced.

Regional Magistrate, Lot Moroka said the court would not pursue the substitution of the accused person but would give the state time to advise itself on who should replace the late Nchindo. Garvas and Matome faces 10 counts from the 36 charges, which were preferred against them before the death of Nchindo and the withdrawal of charges against Jacob Sesinyi. Sesinyi was initially charged alongside Nchindo, Garvas and Matome but he has since become a state witness.

The charges had been re-formulated after the death of Nchindo, who was the main accused in the graft case. Besides Phuthego, the other state counsels in the case are Kgosietsile Ngakaagae and Gopolang Tlhabologang. The defence team has Webster, Paul Farlan and Lawrence Khupe. The case continues today.