Con man sues for N$5m

The N$5 million civil action filed by Adriaan Jacobus Pienaar cites four defendants - the prosecutor-general, prosecutor Marlon Adams, the Namibian government and the minister of safety and security.

08 September 2020 | Justice



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 2019 while serving an effective five-year prison term in the Mariental state prison.

This is not Pienaar's first round in Namibia's legal system.

In his court papers, Pienaar wrote that he was “illegally deported” from Namibia in 1996. He claimed that he returned to Namibia in 2009 to “come and exploit business opportunities” in the country. He claimed 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, he was found guilty of an additional seven counts of fraud, and his prison term was extended by 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 2019 cites four defendants - the prosecutor-general, prosecutor Marlon Adams, the Namibian government and the minister of safety and security.

Pienaar claimed that he was unlawfully arrested in 2013, while already behind bars, on charges related to his immigration status. He claimed this was a malicious action designed to prevent him from obtaining bail in the multiple other legal matters he was facing. He claimed 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 further claim that on 2 May 2017, the charges against him were dropped. Pienaar alleged that 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 stressed that even if he had never been charged with illegal entry into Namibia, he would have still been an awaiting-trial 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


Gertze's attempted murder case withdrawn

3 days ago - 18 September 2020 | Justice

OGONE TLHAGEWINDHOEKNamibia Qualifications Authority (NQA) CEO Franz Gertze is off the hook after the Office of the Prosecutor-General declined to prosecute him for a shooting...

Estate agent guilty of stealing Congolese general's money

5 days ago - 16 September 2020 | Justice

JANA-MARI SMITHWINDHOEKA Swakopmund estate agent accused of stealing US$900 000 (N$6.7 million) from a Democratic Republic of Congo military general ten years ago has been...

Fishrot 7 could be released

6 days ago - 15 September 2020 | Justice

OGONE TLHAGEWINDHOEKA magistrate yesterday thinly suggested the court might have no further reason to keep the Fishrot accused in custody if investigators do not wrap...

Masule ruling on 28 September

1 week ago - 11 September 2020 | Justice

JEMIMA BEUKES WINDHOEKGovernment attorneys yesterday argued that the High Court does not have the jurisdiction to hear the urgent application brought by Anti-Corruption Commission (ACC)...

'Strike Fishrot case from the court roll'

1 week ago - 11 September 2020 | Justice

OGONE TLHAGEWINDHOEK Trevor Brockerhoff, the lawyer representing former Investec manager Ricardo Gustavo, has asked the Windhoek Magistrate's Court to consider striking the Fishrot...

Bribery saga accused make renewed plea for freedom

1 week ago - 10 September 2020 | Justice

OGONE TLHAGE WINDHOEKLawyers representing the Fishrot accused have asked the Windhoek Magistrate’s Court to provisionally release their clients, as the State cannot...

Court grants husband bail after wife dies in 'scuffle'

1 week ago - 10 September 2020 | Justice

NAMPAGOBABISThe Gobabis Magistrate's Court on Monday granted bail of N$2 000 to Fritz Paul, who allegedly killed his wife during a scuffle at Farm Kroonster.Court...

Con man sues for N$5m

1 week ago - 08 September 2020 | Justice

JANA-MARI SMITHWINDHOEK A Hardap prison inmate and South African citizen convicted on multiple charges of fraud has filed a N$5 million lawsuit against...

Woman sues after AK-47 beating by soldier

2 weeks ago - 07 September 2020 | Justice

JANA-MARI SMITHWINDHOEKA new lawsuit brought by a civilian against the Namibian police and army centres around an alleged savage attack by a soldier who beat...

Lawyer hired for Okahandja land fight

2 weeks ago - 04 September 2020 | Justice

OGONE TLHAGEWINDHOEKThe Affirmative Repositioning movement has secured the services of a lawyer as it takes the fight to urban and rural development minister Erastus Utoni...

Latest News

Sioka condemns withdrawal of GBV...

19 hours ago | Social Issues

KENYA KAMBOWENKURENKURUGender equality and child welfare minister Doreen Sioka has condemned victims of gender-based violence (GBV), predominantly women, who withdraw such cases after they have...

EIF wins award for sustainable...

19 hours ago | Environment

ELLANIE SMITWINDHOEKThe Environmental Investment Fund (EIF) of Namibia will receive an award that recognises its success in financing climate-change resilient livelihoods.The EIF will receive the...

Swapo must assume moral leadership

19 hours ago | Opinion

Speaking to Namibian Sun in August, former Botswana president Ian Khama accused liberation movements in Southern Africa of ‘oppressive brotherhood’, taking aim at their deafening...

Mining industry contracts 11.1%

19 hours ago | Business

ELLANIE SMITWINDHOEKThe mining industry has recorded a negative growth of 11.1% last year, a deep contraction from the positive growth of 16.1% in 2018.This is...

Former governor Vatuva laid to...

19 hours ago | People

TUYEIMO HAIDULAOMUNGWELUMEFormer governor of Oshana Region Silvanus Vatuva was buried at the Omulungwelume cemetery in the Ohangwena Region on Saturday.President Hage Geingob paid tribute to...

Return to school not mandatory:...

19 hours ago | Education

NAMPAKHORIXASThe return of learners to schools is not mandatory but encouraged, as learning from home is captured in the current circular put in place, education...

Orange River agreement revised

19 hours ago | International

ELLANIE SMITWINDHOEKAgriculture minister Calle Schlettwein has recommended that the National Assembly ratifies the revised Orange-Senqu River Basin Commission (Orasecom) agreement.The agreement between Namibia, Botswana, Lesotho...

APP condemns Stina's discount land...

19 hours ago | Politics

RUNDUNAMPAThe All People's Party (APP) has condemned the alleged N$20 million discount land deal businesswoman Stina Wu scored at Divundu in the Kavango East Region.APP...

Havana rape spree continues

19 hours ago | Crime

NAMPAWINDHOEKA man from Havana informal settlement in Windhoek was shot dead early Saturday morning when he tried to come to the aid of his sister...

Load More