The four accused are Van der Merwe, his former business partner Paulo Coimbra, Rene Sauerbrei, a German national who was in their employ, and the Swakopmund flight operation Bush Bird CC and/or Bush Bird Aviation CC, represented by Van der Merwe.
The four face charges of fraud, failing to provide relevant information to the executive director of the Namibia Civil Aviation Authority (NCAA), and operating a small aircraft without an air operator licence (AOL).
It is alleged that Van der Merwe on 20 April 2018 defrauded South African aircraft operator Nico Köhne at Swakopmund by pretending to lawfully represent Bush Birds, while it was deregistered on 23 March 2017, and by entering into an aircraft lease agreement with Köhne.
Van der Merwe, Coimbra and Sauerbrei also, allegedly, between April 2017 and March 2018, convinced the NCAA and the Transportation Commission of Namibia that Bush Birds was still in existence and therefore was legitimately operating with the required AOL and air operator certificate (AOC).
Furthermore, they allegedly failed to inform the executive director of the of the NCAA that Bush Birds was deregistered, had come under new ownership, and had no AOL or AOC to operate an air transportation business, yet allegedly operated a small aircraft between April 2017 and April 2018.
The accused already made their first appearance before Swakopmund magistrate Nelao Brown in February before being released without bail.
During their second appearance on Wednesday, the matter was postponed for plea and trial to July next year, because Botes was unavailable.
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