Bereavement has delayed the continuation of the trial of lay litigant August Maletzky and his former assistant Simon Afrikaner in the Windhoek High Court yesterday before Judge Herman January.

Maletzky (52) and Afrikaner (48) are facing charges of fraud, corruption, forgery and conspiracy to commit fraud and corruption and money laundering.

State advocate Erich Moyo’s mother, unfortunately, passed away which caused him to apply for a postponement of the matter to attend to her funeral arrangements.

Judge January granted the request and postponed the matter to 29 November to continue until 2 December. Maletzky is still busy with his cross-examination of the complainant Samuel Visconde Dias, an Angolan citizen. 

It is alleged by the State that Maletzky, in cahoots with the late Titus Mbaeva and Afrikaner unlawfully sold Erf 3733, Pavlov Street in Windhoek West which belongs to Visconde and Isabel Dias to Edward Nghitumbwa.

Lawyer Titus Mbaeva (62) who was also an accused in the matter passed away in December last year.

It is alleged that they sold the house in Windhoek West worth N$2.5 million on 6 July 2017. The prosecution alleges that Maletzky defrauded the owners of the house by pretending that he wanted to lease the property in question. 

The prosecution further notes that Maletzky instead sold the house to a third party by means of false pretence and without the knowledge of Samuel Visconde Dias, the actual owner of the house. 

He was allegedly fully aware that he was not the lawful owner of the house and had no right to sell it. 

Court documents indicate that Maletzky used a fraudulent power of attorney in which the property owners supposedly authorised him to sell the house. 

It is alleged that the power of attorney was prepared by Mbaeva and Afrikaner, according to court documents. Thus, the three conspired to commit the offence.

Maletzky is representing himself and Afrikaner is represented by Trevor Brockerhoff on instructions of Legal Aid.-rrouth@nepc.com.na