Implementation of Organised Crime Law Costing Government

Catherine Sasman

27 April 2011

The Prevention of Organised Crime Act (POCA) has brought financial implications with its implementation which were not addressed and catered for in the Act, Minister of Justice Pendukeni Iivula-Ithana said last week.

She lamented that the speed with which financial crime is prosecuted and confiscations undertaken under the new law is greatly hampered by poor or incomplete investigations by particularly the Namibian Police.

Since POCA became operational in 2009, two applications for restraint were brought by the Prosecutor General, Martha Ekandjo-Imalwa, one of which was successful.

In the first case heard under the Act, the alleged corruption case against Teko Trading, Government had to cough up more than N$1 million during the previous financial year.

Iivula-Ithana said the Office of the Prosecutor General had to pay N$931 000 to curators appointed by the High Court to oversee the impounded property of Teckla Lameck, Jerobeam Mokaxwa, and Chinese national Yang Fan.

Government paid a further N$170 000 to lawyers briefed by the Prosecutor General’s office since the Teko case was the first to be based on POCA.

In July 2009, the High Court has issued a restraining order compelling surrender of property by the Teko three in terms of POCA.

These assets included houses, cars, farms, bank and trust accounts, which were later released in January 2010.

Two cases of smuggling of migrants were also finalised in the regional court of Katima Mulilo.

In the State’s case against Kabemba Kazongo Louis, which involved charges of smuggling of migrants in terms of POCA, the accused was convicted and sentenced to N$15 000, or five years in jail.

In the other case William Alfred was sentenced N$20 000, or five years’ imprisonment.

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