Nchindo , Tourism Development Consortium (Pty) Ltd, Garvas Nchindo , Joseph Matome, Golconda Holdings, and Jacob Sesinyi successfully challenged a decision by Village Chief Magistrate, Lot Moroka to turn down their request for further particulars on the charges they are facing. They argued that the denial for further particulars and documentation was going to deny them a fair trial.
The Court of Appeal agreed with the Nchindo defence team that the orders made by the magistrate precluded them from having a fair trial. He said that the state attorneys stated that they had furnished the accused persons with all relevant information in the over 1,000 documents furnished to the defence team. The prosecution argued that the documentation was more than enough for the defence and that what they were demanding was unlawful. However, the judges felt that the prosecution's contention that the further particularity sought by the appellants was not sanctioned by any written law, or procedure, was untenable. "It is of fundamental importance, in my view, to recognise at the outset that the appellants' entitlement to the relief sought needs to be tested against section 10 (1) and (2) of the Constitution which guarantees a fair hearing," the judges said.
