WINDHOEK – The Windhoek Magistrate’s Court has issued a final remand for the prosecutor-general to pronounce herself in the fraud and theft case of the aide to the late liberation struggle icon Andiba Toivo ya Toivo.
Former assistant Elia Shoopala Kapofi, 49, stands accused of stealing by intentionally withdrawing N$71,000 from the estate of the late ya Toivo’s account last year.
Making an appearance in court last week, Kapofi was informed that the prosecutor-general has not yet made a decision in his case. “I spoke to advocate Kuutondokwa from the prosecutor-general’s office and he confirmed that the docket is with him but he has not yet made a decision,” explained the prosecutor Rowan van Wyk.
According to the State the decision will be ready in one week, thus a final remand in the matter is appropriate.
The prosecution charges Kapofi with a count of fraud and theft for intentionally defrauding and stealing from his former employer in the period between February 3 and June 10, 2017.
Court documents state that Kapofi who was ya Toivo’s aid for many years and a trusted employee, falsely and with intent defrauded and pretended to First National Bank (FNB) that he was a government employee, working under ya Toivo in order to make unauthorized withdrawals from ya Toivo’s personal bank account.
The documents further indicated he persuaded FNB to pay N$71,700 at the actual loss of FNB and Vicki Erestein ya Toivo, the late’s widow, knowing full well he was not entitled to the money and thus committed fraud and theft.
During the tendering of his preliminary plea earlier this year, Kapofi denied any wrongdoing when he took a no guilty plea. Kapofi made his plea without providing any explanation, leaving the State to prove the allegations against him.
Kapofi is expected to make a return in court on July 18 for the prosecutor-general’s decision. Magistrate Vanessa Stanley was presiding over the case with defence attorney Samson Enkali representing Kapofi and Van Wyk prosecuting.