The High Court has frozen assets linked to Namcor accused Cornelius ‘Cedric’ Willemse as part of efforts by the prosecutor general to have them permanently seized.
Judge Boas Usiku granted the preservation order on 12 June under the Prevention of Organised Crime Act.
The order covers farm Groot Driehoekvlakte, a 1 933-hectare property in the Hardap region, and a Toyota Land Cruiser with registration number RDB763H belonging to Willemse.
The court notice was published in the Government Gazette last week.
The preservation order means the farm and vehicle cannot be sold, transferred, mortgaged or otherwise dealt with while the case is before the courts.
According to the notice, “the preservation of property order prohibits any person from dealing, in any manner, with the properties to which the order relates.”
To make sure the farm cannot be used as security for a loan or transferred, the Registrar of Deeds has been instructed to endorse the title deed so that it cannot “be mortgaged or otherwise encumbered” without the court’s permission.
The notice also warns Willemse and anyone else who may have an interest in the assets that, “If you have an interest in the properties, you should understand that it is now at risk.”
Inspector Johan Green of the asset recovery sub-division has been appointed to seize and/or assume control over the properties and safeguard them while the legal process continues.
The preservation order is the first step in the forfeiture process.
The prosecutor general has 120 days to apply to the High Court for a final order that would permanently transfer the assets to the state.
Willemse, or anyone else claiming an interest in the farm or vehicle, has 21 calendar days after receiving the notice to inform the court if they intend to oppose the forfeiture.
Willemse is one of several others accused in the ongoing National Petroleum Corporation of Namibia (Namcor) fraud and corruption case. He faces 10 charges, including fraud, corruption, money laundering and failing to pay tax, relating to his time as Namcor’s supply and logistics manager.
The state alleges he received more than N$3 million from fuel supplier Enercon Namibia in exchange for approving fuel supplies above the company’s credit limit.
He is also accused of receiving N$1.04 million in connection with Namcor’s N$53.2 million purchase of nine filling stations at Namibian Defence Force bases in 2022.
During his bail hearing, however, Willemse denied the allegations, saying the money paid into his bank account was for meat sold from his farm and logistics services provided by a close corporation in which he is a member.
When granting him bail of N$200 000, magistrate Olga Muharukua said Willemse “could have a plausible explanation” for the payments and that, at that stage, the state could not conclusively disprove his version. She ruled that his continued detention would not be in the interests of justice.
The criminal case against Willemse and his co-accused remains before the courts.
