Court denies ‘lawyers’ 700 confiscated files

Broadhurst magistrate Tshepo Thedi recently dismissed an application by alleged fake lawyers Admire Ngwenya and Meshack Nyakswa to have about 700 files returned to them. Ngwenya and Nyakswa, who both operated from Ngwenya Attorneys and Associates, recently appeared before the Broadhurst Magistrate Court, where Thedi dismissed the application and said that the accused had also failed to present valid work permits to the court as previously requested. In a previous court appearance, the two had pleaded that their clients’ documents and other material be returned to them. They argued that the way in which their law firm was ransacked and searched was unlawful. But luck was not on their side as Magistrate Tshepo Thedi dismissed their plead. Thedi noted that Section 57, under the investigators’ powers, stipulates that a person of the rank of sergeant has the right to search for information and any other documentation that could serve as evidence in court. “By virtue of being a senior superintendent, Marapo had reasonable grounds to search the law firm as the files that were seized could be used as evidence in court,’ she noted. Thedi further told the two accused to allow the State to investigate the matter reasonably without interefering. “Investigations are still at an infancy stage and the prosecution should be given time to conduct thorough investigations into the matter.” Ngwenya and Nyakswa, who both worked under Ngwenya and Associates in Phase 2, Gaborone, have been dragged to court to answer for charges that range from unlawfully remaining in Botswana, obtaining by false pretences and employing a non-citizen without the required qualifications to practices as a lawyer in Botswana. Nyakswa is said to hold a Diploma and not the required Degree. The counts in the case were initially four but when the accused were arraigned before the Broadhurst Magistrate court in June, the prosecution pegged the count at 95. The added charges include allegedly obtaining funds by false pretences from various clients including several companies and individuals.