WINDHOEK – Windhoek High Court Judge Christi Liebenberg last week struck an application by the Social Security Commission (SSC) to be compensated for losses they suffered in the botched Avid investment deal from the record.
SSC brought the application in terms of Section 300 of the Criminal Procedure Act, which makes provision for the court to order compensation where an entity has suffered losses due to an offence committed.
Local lawyer, Sisa Namandje who appeared on behalf of former MP Paulus Kapia, raised a technical point against the compensation order. According to him, the board of SSC cannot bring the application as a collective, as the botched investment was made by the Chief Executive Officer of the SSC at the time, Tuli Hiveluah, without the authorisation of the board.
Judge Liebenberg upheld the objection and struck the application from the roll.
The application is a result of the Avid Investment case that saw some prominent Namibians convicted on various charges.
Former Swapo Party Parliamentarian Kapia was convicted on a charge of fraud, together with Accountant Inez /Gâses who acted as the chairperson of the Avid board and Ralph Blaauw, a former acting chairperson of the national Youth Council and active promoter of Avid.
He also convicted Blaauw’s wife, Sharon, a lawyer, on a charge of conducting business in a reckless or fraudulent manner only as according to him, she was directly involved in the “carrying on of the business”.
The man who according to the judge, stole the SSC money and handled it like his own, Nico Josea was convicted of theft. The sentencing will be on July 5 at 10H00.
The judge acquitted local lawyer Otniel Podewiltz and businessman, retired Army Brigadier Mathias Shiweda on all charges.