Two Zimbabwean nationals – Nkosana Admire Ngwenya (28) and Meshack Nyakaswa (43) of Ngwenya and Associates are reported to be defying an order barring them from practising as attorneys in Botswana.
The duo is facing multiple charges relating to work and residence permit fraud amongst others.
While the Botswana Police has since confiscated about 312 clients-files, and with a saving-gram having been issued by the government barring them from practice, it has since emerged that the two recently made an attempt to appear before a magistrate to represent what appears to be a new client in the capital Gaborone.
Despite being a trained lawyer from the University of Botswana, Ngwenya, is facing amongst other charges of operating his law firm ÔÇô Ngwenya and Associates in Phase II, Gaborone illegally as its permit had expired.
On the other hand, his co-accused – Nyakaswa claimed to be a holder of a Bachelor Degree in Law from the University in Zimbabwe having graduated back in 2004.
Preliminary police investigations as led by detective Senior Superintendent Sergeant Marapo has turned out information that suggest that the certificate belonged to Nyakaswa’s late brother.
“His operating in Botswana as a lawyer is not genuine and I have discovered that back in 2014, Nyakaswa did his Diploma in Law at Gaborone University College,” Sergeant Marapo said during the bail application mid last year.
Nyakaswa is said to have appeared before various courts of law in Botswana under the company of Ngwenya Attorneys.
On Monday Broadhurst Magistrate ÔÇô Tshepo Thedi dismissed the duo’s application in which they wanted charges against them quashed, “because DPP want to embarrass them”.
When dismissing the application Monday morning, Magistrate Thedi said that it has since become clear to her court that the accused have no wish to have their case see day light, “let alone to be granted an opportunity to prove their innocence”.
Magistrate Thedi said that throughout 2018, the accused persons had resorted to file multiple applications before court in endeavour to get rid of the proceedings before the case even start.
By the time of going to press on Monday indications were that the duo is likely to appeal Thedi’s ruling.