Regional Magistrate Lot Moroka has sentenced Joe Matome to three years and Garvas Nchindo to two years in prison.
While Nchindo’s has had his sentence wholly suspended, Matome will for his part do his time.
Meanwhile the piece of land in contention reverts back to the state.
Debswana will also get back its house from Nchindo after the court found it was acquired fraudulently.
Passing the sentence Thursday afternoon, Moroka said he found Matome’s offences “grievous” because he had tampered with corporate governance.
Moroka said having listened to mitigations he still felt that Matome deserved a custodial sentence.
“Joseph Matome was a senior executive at Debswana. He held a position of Group Corporate Development Manager. Evidence paints a picture of a man who together with the late Louis Goodwill Nchindo threw the good corporate governance book through the window at Debswana Headquarters to the detriment of the public at whose instance they held these positions of responsibility.”
The Regional Magistrate said he felt Nchindo deserved mercy as it was possible he had played a minor role in the whole criminal episode.
“His moral blameworthiness is very low. If any of the accused deserved mercy it is accused one. While he played a role in the commission of the offence there is no doubt that he was sucked by offences by accident of birth to the late Louis Goodwill Nchindo. I am certain that society does not demand custodial sentence under these circumstances. I sentence.
He said it was possible Garvas was caught in the affair because he happened to be the son of the late Louis Nchindo, who had also been accused of the same charges before his death earlier in the year.
The defence attempts to get bail for Matome were unsuccessful as prosecution said they had not had the time to go through the application.
Matome will thus remain in jail until his bail application is decided.
The defence Senior Counsel, Craig Webster has made his intensions known that he will be approaching the High Court to argue his case for Matome’s bail.