WINDHOEK - Windhoek Magistrate’s Court had to postpone the N$2.5 million fraud case of seasoned attorney Titus Mbaeva following the failure of the Anti-Corruption Commission (ACC) to submit the docket to the Prosecutor-General.
Standing alongside Mbaeva, 62 in the accused dock is lay litigant August Maletzky, 49, and Simon Afrikaner, 43, former employee of African Labour and Human Rights Centre.
The trio was arrested in March following an investigation by the ACC in connection to dubious sale of a house in Windhoek West worth N$2.5 million on July 1, 2017.
During their court appearance before Magistrate Vanessa Stanley, state prosecutor Tatelo Lusepani informed the court that although the matter is on the court roll for the Prosecutor General’s decision, such was not available.
Lusepani explained that this was because the ACC failed to submit the docket.
ACC’s Jacobus van Wyk informed the court that there is still one witness statement that needs to be obtained, however, the investigating officer is currently on leave.
“That one statement can be obtained by any officer while the investigating officer is on leave,” noted Magistrate Stanley. The court granted an adjournment of two weeks for the outstanding statement to be obtained and for the docket to be forwarded to the Prosecutor General for decision.
Mbaeva and his co accused face a charge of corruptly using a false document and attempts or conspire to commit offences. Lay litigant Maletzky is the only one charged with a count of fraud.
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 the actual owners (Samuel Dias) 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.