Maria Amakali

Former judicial officer Walter ‘Rooies’ Mostert says he is heading to the High Court as his rights have been violated. Mostert who made an appearance in the Windhoek Regional Court yesterday before magistrate Johannes Shuuveni, informed the court that he will take his fight to the High Court next week. “Next week we are going to the High Court in terms of Article 25 subsections two and three. My rights have been violated,” said Mostert. Since his re-arrest on 25 March, Mostert has been adamant that his arrest and continued detention are unlawful. 

During his re-arrest, law enforcement officers refused him the right to engage with his lawyer Louis du Pisani.  Mostert has since claimed his first arrest in May 2021 was illegal as his warrant of arrest was not signed by a magistrate as required by law. Thus, anything that the authorities carried out after that is illegal and of no effect. 

The former judicial officer argued the same before magistrate Ivan Gawanab when he made his first appearance for escaping from lawful custody on 5 November 2021. That case was struck from the roll after the State admitted that the warrant of arrest was not authenticated by a magistrate. 

The court further ordered his release.  However, before Mostert could walk free, he was presented with a second warrant of arrest. He then made an appearance again and the case was postponed to 22 April. 

The regional court has since refused to entertain Mostert’s inquiries, citing that the matter is already before the lower court and it would amount to duplication and double jeopardy.  Mostert, alongside co-accused Joyline Kambatuku, Eveline Meroro, and Joram Salomo will be tried on charges under the Anti-Corruption Act and the Immigration Control Act, money laundering, extortion, fraud, and attempting to defeat or obstruct the course of justice. 

The State is alleging that the charges emanate from a period between 2012 and 2013 when Mostert worked in cahoots with his co-accused by assisting a South African family to obtain Namibian identity documents illegally. 

He allegedly furnished the ministry of home affairs with false documents that members of that family and their parents had been born at Usakos.  In 2013, Mostert extorted N$90 000 from one Kosie Pieterse when he informed him that his family member was arrested for overstaying in Namibia after the visa had expired, alleges the prosecution.  

The prosecution is further alleging that Mostert fraudulently obtained another N$250 000 from Pieterse. He allegedly told Pieterse that the money would help with his application to acquire Namibian permanent residence. The trial, in this case, will start on 4 June. 

-mamakali@nepc.com.na