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Conveyancer testifies in Maletzky trial

2022-02-16  Roland Routh

Conveyancer testifies in Maletzky trial

The conveyancer who handled the transfer of the disputed property that August Maletzky is accused of selling fraudulently, took to the stand yesterday before Windhoek High Court Judge Herman January.

Daniel (Danie) Rossouw Kock from Masiza Law Chambers testified that he received an opened deed of sale from one Willem Coetzee, an estate agent, concerning the sale of  Erf 3733 in Pavlov Street, Windhoek North on 6 July 2017 with the sellers named as Samuel Visconde and Isabel Dias, and the purchaser as Edward Nghitumbwa. 

On 8 July, he said, he received a special power of attorney from Titus Mbaeva that designated Maletzky as the sole agent to dispose of the property on behalf of the Dias couple. On the same day, he also received a power of attorney that authorised Maletzky to sign the transfer of the property into the name of the purchaser.

On 6 October 2017, he said, Maletzky (52) and the purchaser signed the transfer documents in his office.

The special power of attorney also authorised Maletzky to pay the proceeds of the sale of the property into the account of his company African Labour and Human Rights Centre. Subsequently, he said, a total of N$800 000 was paid into the account of the firm in several instalments while the remainder, just more than N$1.4 million, was later transferred from his company’s trust account to the account of African Labour and Human Rights Centre, minus their fees.

In cross-examination, lay litigant Maletzky asked Kock if he, Maletzky, initiated the transaction, or whether it was the estate agent Coetzee. Kock confirmed that it was Coetzee. He further wanted to know if he, Maletzky, had any insight into the communication between Kock and Mbaeva which designated him as the agent for the sale of the property or the special power of attorney that authorised them to pay the money into his company’s account. Kock could not confirm nor deny this. He further wanted to know from Kock whether he verified the authenticity of the documents he received from Mbaeva and Coetzee, or if Kock merely depended on the “integrity” of the two men and accepted the documents as authentic as he trusted them. Kock said he did not verify the documents.

For his part, Trevor Brockerhoff, who is on record for Maletzky’s co-accused, Simon Afrikaner (48), only wanted to know from Kock if he had any dealings with his client. Kock answered in the negative.

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

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

It is alleged that the accused sold a 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 stated 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 offences.

The State is represented by advocate Dominic Lisulo.


2022-02-16  Roland Routh

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