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Fraud accused Maletzky still without lawyer

2021-04-26  Roland Routh

Fraud accused Maletzky still without lawyer
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Lay litigant August Maletzky, who is accused of fraud, corruption, forgery and conspiracy to commit fraud corruption and money laundering, is still without a legal representative. 

The 48-year-old is charged together with his former employee Simon Afrikaner (42) and defence attorney Titus Mbaeva (62). 

Maletzky informed Windhoek High Court Judge Christie Liebenberg last week that although he applied for a legal aid lawyer to represent him, he was not provided with one yet. 

 He, however, told the judge that he was told by the directorate that they are in the process of appointing a lawyer for him. The judge also informed Maletzky that he was informed by his researcher that legal aid did make a decision and it will be communicated to Maletzky soonest.  He then postponed the matter to 28 April for the new lawyer to come on record. All charges emanate from the dubious sale of a house in Windhoek West worth N$2.5 million on 6 July 2017. The prosecution alleges that Maletzky defrauded the couple by pretending that he wanted to lease the property in question. The prosecution further noted 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.

 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. With regards to the charge of fraud, it is alleged by the state that the accused, in concert and with common purpose, wrongfully, unlawfully, falsely and with intent to defraud, misrepresented to the Registrar of Deeds and Masiza Law Chambers that Dias and his wife Isobel nominated, constituted and appointed Maletzky with the power of substitution to be their lawful agent/representative in their name, to sell and sign all transfer documents and give effect to the transfer of Erf 3733 at the price of N$2.5 million. Furthermore, that the special power of attorney notarised by Mbaeva is authentic and duly signed by Dias. 

With regards to the count of corruption, it is charged that they corruptly and with common purpose gave to an agent of Masiza Law Chambers a special power of attorney dated 6 July 2017 while knowing it is false and contained defective material.

 The charge of forgery is in relation to Maletzky only and charges that Maletzky forged the signatures of Dias and his wife. With regards to the charge of conspiring to commit corruption, it is alleged that the accused in concert and common purpose conspired to commit fraud. 

With regards to the charge of money laundering, it is alleged that they, between 6 July and December 2017, acted in concert and with common purpose wrongfully, unlawfully and knowingly acquired property, which they knew or ought reasonably to have known that it forms part of the proceeds of unlawful activities.

 Mbaeva will be represented by Kalundu Kamwi and Afrikaner by Trevor Brockerhoff. The state will be represented by Dominic Lisulo.

2021-04-26  Roland Routh

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