Con man sues government for N$5 million

08 September 2020 | Crime

Windhoek • [email protected]

A Hardap prison inmate and South African citizen convicted on multiple charges of fraud has filed a N$5 million lawsuit against various authorities claiming malicious and wrongful prosecution related to charges of illegal entry into Namibia.
Adriaan Jacobus Pienaar (59) filed the lawsuit in August last year while serving an effective five-year prison term in the Mariental state prison.
This is not Pienaar’s first round within Namibia’s legal system.
In his court papers, Pienaar writes that he was “illegally deported” from Namibia in 1996. He claims that he returned to Namibia in 2009 to “come and exploit business opportunities” in the country. He claims that he informed immigration officials of his previous deportation, and was granted a legal entry permit into Namibia.
In the wake of his return in 2009, Pienaar was accused of various scams across the country. In 2018, he was found guilty on 26 counts of fraud and 10 counts of doing illegal business on a visitor’s permit in Namibia.
These convictions related to incidents stemming from 2009. He was given an effective two-year jail term, with his six years served behind bars before his conviction taken into consideration by the judge.
Last year, in another fraud case stemming from 2009 scams he perpetrated, he was found guilty of an additional seven counts of fraud, and his prison term was extended by an effective three more years.
In 2014, during a failed High Court bail bid, a judge underlined that Pienaar was also wanted in South Africa where a warrant of arrest had been issued. The details of those charges were not clarified.

Next round
The N$5 million civil action filed by Pienaar in August last year cites four defendants - the prosecutor-general, prosecutor Marlon Adams, the Namibian government and the minister of safety and security.
Pienaar claims that he was unlawfully arrested in 2013, while already behind bars, on charges related to his immigration status.
He claims this was a malicious action designed to prevent him from obtaining bail in the multiple other legal matters he was facing.
He claims the illegal immigration charges deprived him of his liberty at the time and that the officials lacked sufficient evidence to pursue the charges against him.
His court papers claim that on 2 May 2017 the charges against him were dropped.
Pienaar alleges he was held in custody for three and a half years without reasonable cause.

In response, the defendants submitted a plea in which they note that Pienaar was not arrested but merely charged with the offences, “as he was already in custody as a trail awaiting prisoner on other charges” in connection with fraud cases on which he was subsequently convicted.
They deny he was deprived of his freedom as he was already in custody and facing more than 44 counts of fraud at the time. They stress that even if he had never been charged with illegal entry into Namibia, he would have still been a trial-awaiting prisoner.
Moreover, they note that the actions against Pienaar were not unlawful and that as a South African citizen he had ignored instructions not to return to Namibia after he was deemed a “prohibited immigrant”.
Instead, Pienaar returned to Namibia and conducted business without the necessary work permit.
The court was also informed that the discharge of the charges against Pienaar does not indicate that the prosecution was malicious.
Instead, the discharge of the charges was due to insufficient evidence, which could only be determined at trial as the case docket contained sufficient evidence.
Court-ordered mediation took place in January but discussions failed to reach an agreement.
The case came before High Court judge Nate Ndauendapo last week for a status hearing, and no new court date has been announced.

Similar News


Police warn of car scammers

4 weeks ago - 28 September 2020 | Crime

NamPol has again warned members of the public about a syndicated seen on social media advertising second-hand vehicles for between N$15 000 and N$20 000...

Thieves using ‘Nampol’ facemasks

1 month - 09 September 2020 | Crime

The police has warned members of the public to be wary of unscrupulous individuals impersonating police officers by wearing face masks imprinted with police logosAccording...

No StartUp ‘facilitation’ fees - MITSMED

1 month - 08 September 2020 | Crime

The ministry of industrialisation and trade (MITSMED) has warned that unscrupulous individuals are soliciting funds from the public in an illicit manner to facilitate the...

Immunity dismissed by Supreme Court

2 months ago - 20 August 2020 | Crime

Windhoek • [email protected] police officer who was granted immunity last year from further prosecution on corruption and blackmail charges dating back nine years, saw that...

Dozen pyramid schemes uncovered

2 months ago - 18 August 2020 | Crime

The Bank of Namibia (BoN) conducted investigations into 12 suspected illegal financial pyramid schemes uncovered in the country in 2019 and 2020.According to deputy director...

She was a warrior

2 months ago - 11 August 2020 | Crime

Windhoek • [email protected] years after unarmed protestor Frieda Ndatipo was killed during a clash between struggle kids and the police at the Swapo headquarters in...

Namibia remains tough on human trafficking

2 months ago - 03 August 2020 | Crime

Windhoek • [email protected] has joined the global community calling on countries to remain vigilant and pro-active as the world health crisis ravages economies and exposes...

Fraudsters still at it

3 months ago - 28 July 2020 | Crime

The reduction in physical shopping, together with social distancing and a heightened awareness of personal safety, have made online shopping our go-to place for retail...

Securing a poaching scene – the right way

3 months ago - 22 July 2020 | Crime

What should a farmer, lodge manager, landowner or a farm worker do when he stumbles across a poaching scene?Participants of the Animal Crime Scene and...

Bosses beware – scammers at it again

3 months ago - 13 July 2020 | Crime

Nampol has warned members of the public, personal assistants to chief executives and managing directors, as well as CEOs and MDs themselves, to be weary...

Latest News

Hot hockey on the cards

23 hours ago | Sports

The Namibia National Inline Hockey (NIIHA) team trials where held last weekend and while the temperature outside was hot, the action inside was on fire!This...

Micro grant for Gobabis foundation

1 day - 27 October 2020 | Society

The Light for the Children Foundation in Gobabis received N$180 000 from the German embassy's micro project fund to implement safety measures at its school...

Aiming for top cycling honours

1 day - 27 October 2020 | Sports

The Nedbank Desert Dash is the principle for every cyclist, and this year, the Namibia Cleaning Chemical Solutions (NCCS) Cymot Pro Cycling team says the...

Purchasing property for the parents

1 day - 27 October 2020 | Life Style

It is not uncommon for those who find themselves in a better financial position than that of their parents, to purchase a property on their...

Rural residents receive food parcels

1 day - 27 October 2020 | Social Issues

The Namibia Red Cross in collaboration with the health ministry and with the assistance of NamibRE last week donated food parcels to 50 vulnerable households...

A history of violence

1 day - 27 October 2020 | Social Issues

Windhoek • Jana-Mari SmithNamibia’s grim epidemic of violence against women could be partly traced to decades of violent oppression by colonial and apartheid forces and...

Changemakers reach out

1 day - 27 October 2020 | Social Issues

In a bid to continue creating positive change in communities, volunteering employees of the Capricorn Group spent time with over 100 orphans, vulnerable children and...

Poiya Media: A success story

1 day - 27 October 2020 | Business

As Poiyah Media celebrates over 1000 days in business, it welcomed its sixth group of interns to its public relations agency.Since inception, Poiyah Media not...

New campaign ignites patriotism

1 day - 27 October 2020 | Banking

Get Local #GoBeyond – this is Bank Windhoek’s new swipe campaign that is aimed at stimulating patriotism in light of the global pandemic challenges.According to...

Load More