Prosecutor-General v Paulo and Another (2) (POCA 13 of 2015) [2021] NAHCMD 112 (17 March 2021)

Prosecutor-General v Paulo and Another (2) (POCA 13 of 2015) [2021] NAHCMD 112 (17 March 2021)

The applicant failed to prove on a balance of probabilities that the respondents committed the alleged offences or that the properties were proceeds of unlawful activities. While fraud was established in relation to documents submitted to the Ministry of Home Affairs, there was no causal connection between that fraud and the properties. The requirements for forfeiture under POCA were not met.

Citation
[2021] NAHCMD 112
Parties
Applicant: The Prosecutor-General; First Respondent: Alexes Paulo; Second Respondent: Rhapsody Close Corporation
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
17 March 2021
Case Number
POCA 13 of 2015
Procedural Posture
Forfeiture Application Under POCA / Judgment After Remittal From Supreme Court to Determine Merits
Outcome
Application dismissed with costs
Legal Topics
Proceeds of Unlawful Activities, Money Laundering, Exchange Control, Immigration Law, Fraud, Burden of Proof
Source Language
English
Criminal Law Civil Procedure Asset Forfeiture Proceeds of Unlawful Activities Money Laundering Exchange Control Immigration Law Fraud +1 more

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Parties

The Prosecutor-General

Applicant

Alexes Paulo

First Respondent

Rhapsody Close Corporation

Second Respondent

Procedural Posture

Forfeiture Application Under POCA / Judgment After Remittal From Supreme Court to Determine Merits

Legal Issues

  1. 1 Whether the respondents unlawfully traded in foreign currency in contravention of regulation 2(1) of the Exchange Control Regulations, 1961
  2. 2 Whether the respondents contravened section 30 of the Immigration Control Act, 1993
  3. 3 Whether the respondents committed fraud

Ratio Decidendi

The applicant failed to prove on a balance of probabilities that the respondents committed the alleged offences or that the properties were proceeds of unlawful activities. While fraud was established in relation to documents submitted to the Ministry of Home Affairs, there was no causal connection between that fraud and the properties. The requirements for forfeiture under POCA were not met.

Court Disposition

Application dismissed with costs

Orders

  • The application to declare the respondents’ property held under a preservation order is dismissed.
  • The curator bonis is directed to release the property to the respondents.