Iuze Mukube
A complainant in a High Court case involving the alleged unlawful sale of his house told the court yesterday that he never authorised the sale.
During a cross-examination by the defence, Angolan national Samuel Visconde Dias informed Judge Herman January that he was unaware that his house had been sold. He only discovered that something was amiss when his Namibian neighbours alerted him to construction activity taking place on his property.
It was then that he contacted his lawyer.
He has, however, denied ever speaking directly to the accused about the matter.
“I never thought of selling my house and never contacted you to do so,” Dias stated.
He was addressing lay litigant August Maletzky, one of the accused in the matter.
Maletzky, who is representing himself, told the court that there had been “direct and indirect communication” between him and Dias at the time of the incident.
Maletzky claimed that Dias had provided him with the cellphone number of one of his daughters, who resides in Namibia, saying she was authorised to negotiate on his behalf whenever he (Dias) was outside the country.
Dias, however, denied both assertions.
Maletzky and his former employee Simon Afrikaner pleaded not guilty to charges of fraud, corruption, forgery, conspiracy to commit fraud and corruption and money laundering in the Windhoek High Court.
Their co-accused, lawyer Titus Mbaeva, died in December 2021.
The charges stem from the questionable sale of a house in Windhoek West, valued at N$2.5 million, on 6 July 2017.
The prosecution alleges that Maletzky defrauded the Dias couple by pretending he intended to lease the property.
Instead, he allegedly sold the house to a third party under false pretences and without the knowledge of Dias, the rightful owner.
It was alleged that he was fully aware that he was not the lawful owner and had no right to sell the property.
Court documents indicate that Maletzky used a fraudulent power of attorney purportedly authorising him to sell the house.
It is alleged that the document was prepared by Mbaeva and Afrikaner, who, together with Maletzky, conspired to commit the offence.
Regarding the fraud charge, the State alleges that the accused, acting in concert and with common purpose, wrongfully, unlawfully and with intent to defraud misrepresented to the Registrar of Deeds and Masiza Law Chambers that Dias and his wife, Isobel, had nominated, constituted and appointed Maletzky – with power of substitution – as their lawful agent to sell Erf 373 and sign all related transfer documents for the price of N$2.5 million.
It is further alleged that the special power of attorney, notarised by Mbaeva, was falsely presented as authentic and duly signed by Dias.
In relation to the corruption charge, it is alleged that the accused, acting with common purpose, corruptly submitted the false power of attorney to an agent at Masiza Law Chambers, knowing it contained material defects.
The forgery charge applies to Maletzky alone.
As for the conspiracy to commit corruption charge, it is alleged that the accused, acting jointly, conspired to commit fraud.
On the charge of money laundering, it is alleged that between 6 July and December 2017, the accused unlawfully and knowingly acquired property that they knew – or ought reasonably to have known – formed part of the proceeds of unlawful activities.
The matter continues in the High Court.