Congolese general and estate agent try to settle

A Congolese army general and a Swakopmund estate agent entangled in a legal battle over N$9 million have been referred for mediation. However, yesterday at the Windhoek High Court representatives of General Francois Olenga and Erwin Spranger could not get a mediator appointed. The matter was as a result postponed to September 30 for them to get a mediator. In terms of the new rules of the High Court, matters are referred for mediation to allow the parties to see whether they cannot reach an out-of-court settlement. The aim is to minimise the congestion of the court roll. General Olenga, the Congolese army chief who leads the onslaught against the M23 rebels in his country, is fighting through his lawyers to trace N$9 million he allegedly left in the care of Swakopmund estate agent Spranger. The money was supposedly to be used for the development and expansion of a property Olenga owns at the coastal town. Olenga claims that he and Spranger entered into an oral agreement in January 2010 regarding the development of the property. Court documents show that Olenga owns two plots at the coastal resort town. It is stated that US$900 000 (N$9.6 million at today’s forex rate) was paid into the trust account of Kintscher Estate Agents and Auctioneers, for whom Spranger worked as an estate agent. The money was meant for the management and development of Olenga’s property at Swakopmund, the court papers state. In September the same year, Olenga allegedly asked Spranger to pay US$100 000 (N$1 million) into his bank account, but only US$50 000 (N$500 000) was paid - leaving Spranger with US$850 000 of Olenga’s money, according to the court documents. The Congolese army chief says he never instructed Spranger to use any of the remaining US$850 000 (N$9.1 million). In December 2010, Olenga asked Spranger to give back the remaining money - a request that to date has not been complied with. Olenga is now asking the court to order Spranger to pay over the remaining money, plus annual interest of 20% from the date of the judgment. Spranger argues that he was given a mandate to sell Olenga’s unimproved property on his behalf. WINDHOEK FRED GOEIEMAN