Gideon Nkala
8 January 2008
The case that would see President Mogae and his longtime bosom friend Louis Nchindo trade punches in a massive case of alleged corruption at Debswana is slated to come before the Village Magistrate Court on January 31.
Former company officers, Debswana Managing Director, Louis Goodwill Nchindo, Group Secretary, Joseph Malope Matome, communications chief, Jacob Sesinyi, Nchindo's son, Louis Garvas, a company co-owned by Nchindo and his son Garvas, Tourism Development Consortium, Najmuddin Kader and Golconda Holdings, a company co-owned by Nchindo and Kader would be hauled before the Gaborone Magistrate's court to answer to a total of 32 counts.
The voluminous charge sheet reads like a criminal offence manual. According to the charge sheet, the crimes range from giving false information, forgery, obtaining registration of title deeds by false pretences, conspiracy to defraud and prevent lawful disposal of property for its fair value, obtaining by false pretence, stealing by servant, receiving unlawfully obtained property, false statements and fraudulent appropriation.
Nchindo carries the heaviest load as he faces all the 32 counts. In five counts, Nchindo is said to have at various times approached various persons in government, amongst them President Mogae, Vice President Ian Khama, cabinet, Director of Lands in the Ministry of Lands and Housing, Victor Rantshabeng and the then cabinet minister, Boometswe Mokgothu, giving false information with the aim of deceiving.
"Louis Goodwill Nchindo and the fourth accused, Joseph Malope Matome, on or about December 21, 2000, acting jointly and in concert with intent to defraud the Botswana government of title to plot 55720, Gaborone, knowingly gave false information to Festus Gontebanye Mogae, President of the Republic of Botswana, a person employed in the public service, by representing to the President that there was a company named Tourism Development Consortium PTY LTD (Debswana), and that the said company was a vehicle through which Debswana Diamond Company Pty, Ltd or Debswana, a company partially owned by the Botswana government, intended to contribute to the diversification of the Botswana economy when in fact and in truth the accused person knew at all material times that such a company did not exist and further that the purported company did not exist.
"Further, that the purported company, even when incorporated, would not be a Debswana vehicle but a private property of Nchindo and his son, thereby causing the President to support the allocation of plot 55720, Gaborone to the purported company, which support the President would not have given had the true facts been known to him," reads count two in part.
After making a presentation to President Mogae,Nchindo and Joseph Matome are alleged to have continued with the same deception while making presentations to the Vice President, cabinet, and the then Minister of Minerals, Energy and Water Resources, Boometswe Mokgothu and the Director of Lands, Victor Rantshabeng. The support from the President, Vice President and Cabinet is said to have eventually led to the allocation and award of the deed without going for tender. Nchindo, Garvas and Matome are further charged with forgery. The prosecution maintains that on 23 October 2001, the three forged a company resolution of the Tourism Development Consortium, a company for which Nchindo and his son acted as company directors while Matome acted as company secretary. This was done even though "there was never such a meeting or resolution and Nchindo and his son were not directors of the company and Matome was not the secretary of the said company," the charge sheet reads.
In other related offences, Nchindo and Sesinyi are alleged to have acted in concert to defraud Debswana of a total amount of P577, 105. The said amount was paid between 2 August, 2001 and 30 October 2001 purportedly used to host visiting United States Congressman, William Jefferson and his family. The charge sheet also states that these amounts were disbursed "when at all material times the accused persons knew that the said visit by Jefferson was a private visit to Nchindo, and not an official Debswana visit". On charges of stealing by servant, Nchindo is said to have stolen a total amount of P1, 284, 779 from Debswana while he was employed at the company as managing director.
Nchindo and Kader, through their company, Golconda Holdings, obtained a piece of land in Gaborone which was acquired by Nchindo and Matome by illegal means.
Further, Nchindo is accused of fraudulent appropriation.
"Louis Nchindo, being Managing Director of Debswana, on or about 22 December 2002, in Gaborone with intent to defraud, possessed himself of an uninterruptible Power Supply Unit (UPS), property of Debswana, and thereby failed to make any record of such entry in the books of Debswana and failed to cause such a record to be made," reads the charge.
The high profile case is scheduled to start on 31 January when the accused will be brought before court for mention.
Nchindo and all the other six are represented by Parks Tafa of Collins Newman while the Director of Public Prosecutions,Leatile Dambe is expected to lead the prosecution.
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