Louis Garvas Nchindo last week stepped into his father’s shoes and pled not guilty to all charges that the Department of Public Prosecutions had laid against his father’s company, Golconda Holdings. This was after Gaborone Regional Magistrate Lot Moroka ruled that Nchindo’s daughter, Nicola Segametsi Nchindo, must represent Golconda in the ongoing marathon trial against the company, Garvas Nchindo, and Joe Matome.
Golconda stands charged on counts 6, 8 and 10 in the revised charge sheet of 16 March. Before he passed away, Louis Nchindo represented Golconda in all the charges.
After his death, the DPP made a request for Nchindo’s attorneys to avail a natural person to represent Golconda. On Wednesday, the prosecutors, led by Matlhogonolo Phuthego and Kgosietsile Ngakaagae, made an application for Nicola to appear on behalf of Golconda, as her brother Garvas was already before the court.
The prosecution based their application on the will and testament of the late Louis Nchindo, which appointed Nicola and Garvas as joint executors of his estate.
The will gives Nicola and Garvas the powers to carry out or dissolve his business, company or venture; grant special powers of attorney to a trustee to carry out such duties, and to cancel such powers any time; and also to institute or defend legal proceedings on behalf of Golconda.
The defense team, led by Advocate Craig Webster, argued that there is no reason for Nicola to appear before the court of law because she is not an accused person.
“Either a person is before the court as an accused or they are not accused at all, in which case they have no reason to be here,” argued advocate Webster.
The defense also argued that the state should wait for some time, before someone can be appointed to represent Golconda.
But Ngakaagae argued that the buck stops with Nicola and Garvas.
In the end, Moroka upheld the prosecution’s application and ruled that Nicola be summoned to court to represent the interests of Golconda or nominate a representative.
She nominated Garvas, but the defense clarified that they still reserve the right to appeal Moroka’s ruling.
“A company enjoys perpetual succession, such that it continues to live beyond the lifespan of its creator. Nchindo’s death does not mean Golconda’s death. Nicola will be accorded no prejudice in her representative capacity as executor,” said Moroka.