Interestingly, the battle for witnesses is also the contentious issue in the application. The two camps are fighting over the use of certain cabinet ministers, namely, the Minister of Communication, Science and Technology Pelonomi Venson Moitoi, the Minster of Presidential Affairs, Margaret Nasha, Nicholas Oppenheimer and High Court Judge David Newman.
Nchindo's legal team contends that it is important to consult with these people for purposes of preparing any answering papers in response to the application for a restraining order brought by the DPP. However, State Counsel Matlhogonolo Phuthego opposed the request for fear that whatever will be discussed with the witnesses will relate to what they have said in their depositions relating to the charges in a criminal trial, "and Nchindo and his co-accused attempt (clearly from the fact that they are opposed to the restraining order application) cannot conceivably aim for anything other than to extract favourable concessions from the witnesses".
