Two fake lawyers in hot soup

28th June 2018
FINALLY NABBED: Meshack Nyakaswa is in court for operating illegally as a lawyer. Source:The Midweek Sun


By Keletso Thobega -

Cases in which Zimbabweans continue to be caught for operating illegally as lawyers could be an indication that many Batswana are being robbed in broad day light.

Almost a year after another former Zimbabwean army man was arrested  for practising as a lawyer, two Zimbabwean men were recently arraigned before the court for allegedly masquerading as attorneys in Botswana without permits and requisite qualifications.

It would appear that the two have read many John Grisham and Marcia Clark novels considering that they have successfully managed to represent hundreds of people in the magistrate and high courts of Botswana despite one of them not even having a law qualification.

Admire Ngwenya (27) who resides in Tlokweng and Meshack Nyakaswa ((42) residing in Mogoditshane are charged with a range of offences including a single count of unlawfully remaining in Botswana contrary to section 19 (1) (7) of the Immigration Act.

The charge sheet stipulates: “Ngwenya between 1 September 2017 and 19 June 2018 was a person/visitor not exempted to remain in Botswana for a period of more than 90 days and remained in Botswana for more than 292 days.” Count two is on obtaining by false pretence. “Nyakaswa between 22 October 2015 and 19 February 2016 intended to defraud P6300 from the owner of Gaborekwe General Dealer as legal fees by falsely pretending that he is a duly registered lawyer and admitted as such in Botswana while he knew that the representation was false.”

Count three, also on obtaining by false pretence indicates that on 8 July 2015 at regional immigration office (Loapi House), Nyakaswa obtained a Botswana resident permit (No 1000158126) under the pretext that he is the managing director of MEEM Enterprises (Pty) Ltd, a company which is existing and operating; which information he knew to be false.

Count four is on employing non-citizens contrary to section 22 (3) of the Immigration Act. It is alleged that between 1 September 2017 and 19 June 2018, the accused Ngwenya at Ngwenya and Associate, Phase 2, Gaborone employed Nyakaswa a non-citizen as his assistant although he does not hold a work permit or exemption certificate to work in Botswana.

An extract from a statement from Botswana Police reads thus: The investigations carried out established that Meshack Nyakaswa is not a qualified lawyer and he has been appearing before Magistrates and High Courts acting as an attorney. Nkosana Admire Ngwenya was found to be an illegal immigrant operating a law firm situated at Plot 19201 Phase 2, Gaborone.

It was found that he has been appearing before Magistrates and high courts in Botswana without work and resident permits. He (Ngwenya) has been charged for working in Botswana without a work permit and unlawfully remaining in Botswana, employing a foreigner without a work permit (Meshack Nyakwasa) and forgery, while Nyakwasa has been charged for forgery, working in Botswana without a work permit and obtaining by false pretence. At the time another Zimbabwean was arrested last year for a similar offence, he had already been paid hundreds of thousands in pula for offering services to Batswana individuals and businesses.

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