WINDHOEK – It emerged yesterday that the two Bezuidenhout brothers in the AfriSam corruption trial never applied for legal aid. This was disclosed by a representative of the Directorate of Legal Aid who informed the court that there is no application from the brothers on the system of the State funded legal services provider.
Judge Christi Liebenberg ordered the brothers to immediately apply for legal aid and not to leave the offices without proof of their application. The judge was not happy with the situation which has delayed the start of the trial in which the brothers, 50-year old Calvin and 41-year old Gerald Bezuidenhout, face mega corruption charges with Esmerelda Majiedt, the main accused, Rundu-based businessman, Daniel Baptista De Jesus, Majiedt’s sister Louise Izaaks and Izaaks’ ex-boyfriend James Wilson.
They face charges ranging from fraud and contravening the Anti- Corruption Act, as well as the Prevention of Organised Crime Act. It is alleged in the indictment that Majiedt defrauded the cement giant with N$77-million with the help of her co-accused between January 2006 and January 2011.
Counts 1 to 623 are counts of fraud which is faced by Majiedt, De Jesus and the Bezuidenhout brothers and an alternative charge of theft with a second alternative of theft (general deficiency) for Majiedt alone. Count 624 relates to Majiedt, Izaaks and Wilson and is a charge of fraud with an alternative of theft, while count 625 constitutes a charge of contravening the Anti-Corruption Act in respect of Majiedt alone.
Counts 628 and 627 relates to the De Jesus and the Bezuidenhout brothers and constitutes charges of contravening the Anti-Corruption Act with counts 628 and 629 are charges of contravening the Prevention of Organised Crime Act (POCA) in respect of Majiedt with her co-accused respectively and count 630 are also breach of POCA and only features her and her sister.
According to the charge sheet Majiedt was employed at AfriSam Cement Namibia as Customer Fulfilment Leader, a position she used to steal vast amounts of cement and delivered it to De Jesus and the Bezuidenhout brothers.
Counts 1 to 623 charges that Majiedt in concert with De Jesus and the Bezuidenhout brothers through their companies, Discount Hardware and Cool Properties, unlawfully pretended that they were genuine customers who were purchasing cement while they knew that no money was physically deposited into the bank account of AfriSam or paid for the cement including transport costs.
Count 624 relates to Majiedt, Izaaks and Wilson and charges that the trio defrauded Afrisam by pretending that a company that belonged equally to Izaaks and Wilson, Lu Properties, had no business dealings with AfriSam while in fact Majiedt would use the company to sell cement to various companies using LU Properties as the trading vehicle.
Counts 625 to 627 relates to bribery and charges that Majiedt, De Jesus and the Bezuidenhout brothers corruptly offered or agreed to give or gave a gratification in order to receive cement.
Count 628 relates to money laundering and charges that De Jesus and the Bezuidenhout brothers made direct payments or through middlemen to Majiedt for various offences while they knew that the money formed part of the proceeds of illegal activities.
Count 629 relates to Majiedt, Izaaks and Wilson and charges that Izaaks and Wilson entered into an agreement with Majiedt to use their close corporation to sell stolen cement and banked the monies obtained in the close corporation’s account.
Count 630 relates to Majiedt and Izaaks and charges that Majiedt used the personal bank account of Izaaks to deposit monies obtained through illegal activities with the knowledge and approval of Izaaks.
Judge Liebenberg postponed the matter to October 20 for the Bezuidenhout brothers to obtain legal aid and all the accused’s bail was extended.