Justice Singh Walia heard the constitutional application by Nchindo, his son Garvas Nchindo, Joseph Matome and Jacob Sesinyi. The constitutional application is a counter-application in response to the restraining order by Directorate of Public Prosecutions (DPP), which was instituted in February this year. Nchindo and his co-accused are challenging the constitutional validity of Section 8 to 11, alternatively sub-section 8 (1), 8 (2) and 8 (4) which were made in the course of a counter and interlocutory application in the main application filed by DPP under Section 8 of the Proceeds of Serious Crime Act against Nchindo and others.
The application has two legs in which the first relates to the fact that Nchindo and his co-accused are required in the restraining order application to answer various charges in great details and to provide the DPP with a blueprint of their strategy, approach and evidence in relation to those charges. Nchindo's legal representative, Advocate Peter Hodes, submitted that what the DPP sought violates various rights enshrined in Chapter Two of the Constitution of Botswana. Hodes further said the second constitutional attack is directed at the powers conferred on the DPP under the Proceeds of Serious Crime Act (PSCA) since the amendment of the statute in the last quarter of 2005. "Powers which the applicants submit are inconsistent with the constitution and more particularly Section 51 A thereof", Hodes submitted.
