Former judicial officer Walter ‘Rooies’ Mostert’s court victory was short-lived as the police acquired a lawful warrant of arrest within hours of his case being provisionally withdrawn.
Mostert (62) made an appearance in the Windhoek Magistrate’s Court before magistrate Ivan Gawanab for escaping from lawful custody on 5 November 2021 from the Auas Hills hospital in Auasblick, where he was receiving medical attention.
During his appearance, Mostert, who represented himself, informed the court that his first arrest in May 2021 was illegal as his warrant of arrest was not signed by a magistrate, as required by law.
Thus, his second arrest on 24 March, while he was trying to enter Namibia from South Africa via the Noordoewer border post, and detention, was null and void.
After the State confirmed that indeed there was no magistrate’s signature on the warrant of Mostert’s arrest, the court ordered for the matter to be struck from the roll, consequently resulting in his release.
However, hours later, Khomas regional police commander Ismael Basson confirmed Mostert was in police custody.
“As we speak, Mr Mostert is in custody. He is not released. We saw that the warrant of arrest was not signed - that is correct, it was not certified. But we eventually served him with the correct one, which is signed,” explained Basson.
He added that there are two warrants of arrest, one for escaping from lawful custody, and the other on a corruption case.
Basson said all charges from the two cases still stand, and the accused will appear in court in due time.
Due to his unlawful escape from custody in November last year, Namibian police inspector Reinhold Nenkavu (51) was arrested and charged for allegedly aiding and abetting a trial-awaiting suspect to escape from custody.
He made his appearance on Friday in the Katutura Magistrate’s Court, and his case was postponed for further investigations.
He is currently out on bail.
Mostert has a pending case before the Windhoek Regional Court. In this matter, he faces charges under the Anti-Corruption Act and the Immigration Control Act, money-laundering, extortion, fraud and attempting to defeat or obstruct the course of justice.
The State is alleging that the charges emanate from a period between 2012 and 2013 when Mostert worked in cahoots with his co-accused by assisting a South African family to obtain Namibian identity documents illegally. He allegedly furnished the ministry of home affairs with false documents that members of that family and their parents had been born at Usakos.
In 2013, Mostert extorted N$90 000 from one Kosie Pieterse when he informed him that his family member was arrested for overstaying in Namibia after the visa had expired, alleges the prosecution.
The prosecution is further alleging that Mostert fraudulently obtained another N$250 000 from Pieterse. He allegedly told Pieterse that the money would help with his application to acquire Namibian permanent residence.
Seeing red… Walter ‘Rooies’ Mostert.