Shalli drops POCA challenge appeal

WINDHOEKFRED GOEIEMAN

The former chief of the Namibian Defence Force, Martin Shalli, has decided not to proceed with an appeal to the Supreme Court against a judgement of the High Court dismissing his attempt to have the Prevention of Organised Crime Act (POCA) declared unconstitutional.
But Shalli's lawyer, Hosea Angula, yesterday told the High Court that they are considering opposing any permanent order for the forfeiture of Shalli's assets.
Judge Dave Smuts yesterday extended to July 10 an interim preservation order freezing Shalli's N$3,17 million bank account in Zambia.
Shalli will on that date have an opportunity to show reasons why the interim preservation order cannot be confirmed. The order was made on suspicion of corruption, money laundering and tax evasion.
The State's first attempt at forfeiting the money was dismissed early last year but the office of the prosecutor general immediately submitted another application for forfeiture in terms of POCA. An interim order was granted, which Shalli is challenging now.
An international letter of request for forfeiture of the assets was immediately issued in terms of Act 9 of 2009 on international cooperation in criminal matters. In terms of Zambian law, that country's attorney general exercises control over the money until the finalisation of the forfeiture proceedings.
Shalli served as the Namibian High Commissioner to Zambia between 2005 and 2006. In 2006 he was appointed as the head of the Namibia Defence Force. In January 2011 he was "retired" by President Hifikepunye Pohamba after more than a year on suspension.