The Voice (Francistown)
22 January 2008
Francistown — Botswana awaits in abated breath for January 31, 2008, when former Debswana Managing Director and business magnate, Louis Goodwill Nchindo and four others will plead to 32 charges at the Village Magistriate Court.
It is alleged that President Festus Mogae has refused to bow to pressure to block the prosecution of Nchindo and his co-accused.
In this historic case which is making headlines and is shaking the country, the former Debswana Managing Director, his son Louis Garvas Nchindo, Joseph Malope Matome, Jacob Dommy Sesinyi, Najmuadin Kader and two companies, Tourism Development Consortium (TDC) and Golconda Holdings face charges which include giving false information, forgery, obtaining registration of a title deed by false pretences; conspiracy to defraud; obtaining by false pretences; stealing by servant; receiving unlawfully obtained property and fraudlent appropriation by a director among other counts.
In a dramatic twist of events speculation is rife that certain top brass members of the Botswana Democratic Party (BDP) and others including the President's advisors have pleaded with President Festus Mogae to stop the prosecution, in vain.
The parties are concerned that the accused may spill the beans and reveal information that may rock the country and wane the peaceful image Botswana has managed to portray in the past 41 years.
Amongst information which the concerned parties are worried will leak is allegations of Debswana's involvement in funding the ruling Botswana Democtratic Party (BDP); the diamond magnate's role in bailing out the former President Sir Ketumile Masire from debt to enable him to vacate the presidential seat, as well as dragging Mogae's name in the mud among other issues.
Reacting to the speculations and allegations, the special advisor to the incumbent President, Sydney Pilane has adamantly commented that "decisions to prosecute are made exclusively by the The Department of Public Prosecutions (DPP) with only one qualification that in matters of public importance, the DPP is required to consult the Attorney General."
He continued: "Even then the DPP must still make the decision whether or not to prosecute. All this is in terms of the Constitution properly read. The President has no power to stop a prosecution," he concluded.
It has been established that the President, if he wanted, using his presidential powers could stop the prosecution if he so wished. But those close to the head of state have disclosed that the President has taken a staunch stand that justice should prevail and take its course and he will not bow to pressure.
Despite the possibility of losing face, if the first accused in the case, Nchindo names and shames the head of state and the ruling party, Mogae is apparently not bowing to pressure and wants the prosecution to go ahead, following the conclusion of a three year investigation of this matter.
A high powered reliable source, who prefers anonymity was perplexed that the case is going through, establishing that he was convinced that there was more than meets the eye in this controversy.
He commented: "Only President Mogae and Nchindo know what they are fighting about. And none of them is saying what their wrangle is. This is an issue which should not have been dealt with in a court of law because most of it is administrative and the case is prone to bring more harm than good.
"I don't see how most of the 32 charges against Nchindo will hold, his involvement with the ruling party using his De Beers and Debswana ties are too deep and will open cans of worms." he concluded.
DPP is set to present their 22 page charge sheet signed by their Director, Leatile Isabella Dambe on the 31st January.
This case which has the trimmings of a John Grisham novel and is deemed to make and break leaders comes at the wake of the end of term of the incumbent President, his Excellency Festus Gontebanye Mogae who is cited in Count two of the charge sheet as having received false information from the accused Nchindo and Matome in regard to the allocation of Plot 55720 in Gaborone.
The charge sheet states that; "on or a bout 21 December 2000, in Gaborone
Louis Goodwill Nchindo and the fourth accused, Joseph Malope Matome in Gaborone, in the Gaborone Administrative District of the Republic of Botswana, 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, the President of the Republic of Botswana (The President), a person employed by the public service, by representing to The President that there was a company named Tourism Development Consortium (Pty) Ltd, and that the said company was a vehicle through which Debswana Diamond Company (Pty) Ltd intended to contribute to the diversification of the Botswana economy, when in fact and in truth the accused persons knew at all material times, that such a company did not exist, and further that the purported company would, even if it was incorporated, not be a Debswana vehicle, but the private property of the first accused (Louis Nchindo) and the third accused (his son, Garvas Nchindo), thereby causing the President to support the allocation of Plot 55720 to the purported company, which the President would not have given had the true facts been known to him.
Vice President, Seretse Khama Ian Khama is also cited in Count 3 as receiving false information similar to that of The President on or about the 20th March 2001.
It remains to be seen whether Nchindo, the man who has been at the helm of Debswana, the cornerstone to Botswana's economy for over 30 years has any case to answer and whether the state will produce enough evidence to pin him down.
At stake is for the prosecution to prove that Nchindo fraudulently obtained Plot 55720 in Gaborone.
The state has to prove whether the disposition of a certain plot 3084 by Debswana Diamond Company was above board.
Further the state is to prove that the acquisition of money amounting to P1 867 914.00 (One million eight hundred and sixty seven thousand nine hundred and fourteen Pula) which was incurred on a visit by United States Congressman, William Jefferson and his family was illegal. Nchindo is charged as falsely pretending that the said costs were expenses of an official Debswana visit by Jefferson but apparently it was a private visit to him.
Read comments. Write your own.
Copyright © 2008 The Voice. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
i deeply feel that going ahead with the trial will bring more harm than good as some have already suggested.Surely there must be other ways of settling this issue, in such that the accused learn their lesson,pay what they stole from the nation and when all has been said and done,our government is not left bleeding to death. Lets face facts, ''perfect'' does not exist in the real world.
i am with the president, let the trial go ahead and maybe for once african leaders and topranked personnel will understand the corruption is stealing and has its penalities. i dont care if drags everyone in the parliment down, our votes is for them to change the image of he country for better not to steal from us. let justice prevail.