Staff Reporter
Michael Amushelelo’s application, which sought to challenge the constitutionality of provisions of Section 179(1)(b) of the Criminal Procedure Act (CPA), was dismissed by Deputy Judge President Hosea Angula in the High Court today.
Amushelelo claimed that the section allowed the Police to obtain personal banking information and other financial records without search warrants granted by courts, and is thus unconstitutional because it violates the principles of legality (vagueness) and also violates Article 13 of the Namibian Constitution, which makes provision for the protection of privacy.
Amushelelo made this application in relation to evidence obtained against him and his co-accused, Gregory Cloete, in which they are currently facing criminal charges, including 314 counts of fraud and theft, contravention of the Banking Institutions Act, Act 2 of 1998, contravention of the Prevention of Organised Crime Act 29 of 2004, fraud, tax evasion, as well as various charges relating to money laundering due to their forex trading business.
It was revealed that members of the public paid close to N$87 million in hopes of higher returns on their investments in the forex scheme but were left high and dry.
“Having received disclosure from the State, we have, however, learned with concern that the State has used notices issued in terms of Section 179(1)(b) of the Criminal Procedure Act 51 of 1977 for the purpose of obtaining various documents and for demonstrating their allegations against us,” Amushelelo argued, stating that the evidence was unlawfully obtained and should not be accepted into evidence during trial proceedings.
