April 4 2010: Lobatse High Court judge, Lashkavinder Walia, is on the 14 of July expected to hear arguments in a civil case in which the state wants the Court to issue restraining orders against the Tourism Development Consortium, Louis Garvas Nchindo, Joseph Malope Matome and Golconda Holdings, who are carrying out developments in a Gaborone north plot, which the state alleges was obtained fraudulently.
The judge also ordered that defendants’ failure to comply with his orders of 16 December 2009 is condoned and that filling for the matter should happen as follows:
ÔÇó Defendants shall deliver their answering affidavits not later than 24 March 2010; answering affidavits by the applicant shall be delivered not later than 6 April 2010.
ÔÇó At least 15 days prior to the date of hearing the parties shall have delivered their respective heads of arguments.
At the hearing Walia ordered that each party’s address be restricted to two hours and the applicant shall have an additional 45 minutes to respond to the respondents.
This case follows after the recent past Court of Appeal judgment, which dismissed an appeal that was brought by the defendants in which they claimed that the restraining order the government wants was a breach of their constitutional right.
They were appealing against Walia’s judgment.
Meanwhile, a criminal case in which some of the respondents in this case are facing corruption charges is set to continue on Tuesday before Southern Regional Magistrate, Lot Moroka.
Early this week, the defence lawyers said that they might subpoena former Permanent Secretary in the Ministry of Water Affairs and Mineral Resources, Akanyang Tombale, to ask court to order him to produce some material, such as reports, which they feel might provide them with evidence to help in the defence of their clients.
This followed after state prosecutor, Matlhogonolo Phuthego, told the court that they had given the defence all the material they had demanded as was ordered by Court of Appeal.
An eelier ruling by both Magistrate Moroka and High Court judge Maruping Dibotelo had said that they had been given all the necessary materials and the accused persons had appealed against that.