The State fails to file affidavits to freeze the development on the late millionaire’s plots
Full arguments on the state’s application seeking a restraining order on the land surrounding the criminal case of the late Louis Nchindo and his co-accused could not be heard at the Lobatse High Court on Wednesday as the Directorate of Public Prosecutions (DPP) failed to file a replying affidavit.
“This is just a circus, how can people do this when they are the ones seeking an order,’’ said one of the defendants counsel commenting on the non-filing of the affidavit.
DPP applied for the restraining order against the development of lot 55720 Block 10 in Gaborone, which is property of Tourism Development Consortium (TDC) as well as plot 3084 belonging to Golconda. These were Nchindo’s companies.
The state seeks to bar the defendant(s) from demarcating the controversial lot 55720 and selling the pieces of land to interested individuals and parties arguing that this can only be done when the marathon case is over.
TDC has spent more than P42 million developing infrastructure on the plot.
DPP’s argument is that in the case of the defendants losing the case the piece of land which they claim was fraudulently obtained will then go back to the government thus they cannot start selling it when the matter is still before courts.
The defendant on the day seemed to be the son of the late Nchindo Louis Garvas as he was the only one present in court.
According to information at hand DPP was supposed to file the replying affidavit in response to the one filed by lawyers representing the defendants seeking to bar the order on June 16 but for reasons known to them decided not to.
This in turn did not go down well the presiding Judge, Justice Lashkavinder Walia who had to give the two parties time to discuss and decide on the way forward of the day as he stated that it would be difficult to proceed without the said affidavit.
Justice Walia later ruled that DPP should file the affidavit on August 1 while the case will again be brought before the court on August 10.
The defendants were represented by Advocates Peter Hodes and Paul Farlan fro Cape Town South African under the instruction of Lawrence Khupe of Collin Newman and Co while leading the state counsel was Phutego Matlhogonolo.