Africa-Press – Namibia. THE ongoing case submitted by the Prosecutor General to be granted a forfeiture order with regards to the proceeds of property sold to the Business Intellectual Property Authority (Bipa) by Martin Nande Shilengudwa in July 2017, is still pending the court’s decision.
In October 2017, the Anti-Corruption Commission (ACC) received a complaint regarding the purchase of a property on Erf 2780 in Wanaheda by Bipa for an amount of N$18 million, without the approval of Bipa’s board.
Those implicated in the deal are Bipa’s former chief executive officer Tileinge Andima, former trade ministry permanent secretary Gabriel Sinimbo and the Offshore Development Company’s acting chief executive officer, Phillip Namundjebo.
The urgent application is sought for the preservation of property order subject to section 51 of the Prevention of Organized Crime Act (POCA) to be granted, for Capricorn Asset Management Investment Fund, entity No. 13849639, held in the name of Martin Shilengudwa and the positive balance in bank account number 10142917 held in the name of same. The property was bought from Shilengudwa through ESI Attorneys.
In court documents filed by the prosecutorial authority in partnership with the ACC’s investigative unit in 2018, the State indicated that the proceeds in question are a result of fraud and thus in contravention of POCA, offences in terms of the Public Procurement Act, Contravention of the Bipa Act 8 of 2016, Contravention of the provisions of the States Finance Act 31 of 1991 read together with the Treasury Instructions issued in terms of Section 24 (1) of the State Finance Act as well as the Anti-Corruption Act 8 of 2003.
The court’s decision on whether or not the forfeiture order will be granted is still pending, as the case is still sub-judice for further consideration on merits. Prosecutor General Martha Imalwa.
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