Swapo leader in court for property fraud
Swapo central committee member John Elago has been dragged to court - for the second time in 10 years - by a woman who has accused him of defrauding her of over N$250 000 for a property in Groot Aub.
Elago was arrested on a similar allegation in 2014 and appeared in a Rehoboth court.
This time, Elago, who is also the Swapo Party district coordinator for Windhoek Rural, stands accused of having received N$270 000 for a property in Groot Aub nearly four years ago. A high-flyer in Swapo, he was voted 26th on the central committee list out of 63 members during the 2022 party congress.
He received the money from Agnes Simon, who approached the Windhoek High Court in June.
‘Fabricated’ requirement
According to court documents, in May 2021, Elago and Simon entered into a written memorandum of agreement (MoA) to purchase a property for N$270 000. According to Simon, Elago proposed that she pay a N$100 000 deposit; however, she offered to pay N$200 000 instead and pay the remaining amount in installments over 24 months.
She allegedly completed the payment in 19 months, finishing in September 2023. In turn, Elago was to obtain a police declaration to be attached to the MoA, which Simon's legal team later deemed a fabricated requirement.
According to her, the declaration was supposed to stipulate a deed of sale, but a City of Windhoek official explained that this was not a legal requirement. Elago never issued the declaration to her, she said.
In her founding affidavit, Elago stated that in August 2023, the City announced that everyone who owned property in Groot Aub should approach their offices or send a representative for ownership verification.
"I asked someone who also signed the MoA as a witness to do the verification as I was not around. That is when I found out that the property was not situated on that specific erf," she narrated.
According to municipal records, the erf was an open plot registered to another woman. Simon claimed that this is the same plot Elago had sold to someone else roughly nine years ago. "I went to the City of Windhoek to seek assistance, and I was told that the discrepancy with the erf needed to be rectified on the MoA, accompanied by a declaration that would allow the City to register the property under my name. But Elago refused," Simon said.
Forged letter
Meanwhile, when Elago received a letter from the deputy sheriff's office on the matter, he allegedly sought assistance from local lawyer Kadhila Amoomo to urge that the case be handled outside of court. However, it was later found that the letter requesting this was neither signed by Amoomo nor his assistant, but rather by a private secretary.
“The [Groot Aub] property was intended for business purposes. I purchased it to renovate into a guesthouse and had to spend additional money on extensive renovations. The property was in poor condition and not suitable for operating as a guesthouse at the time of purchase. Some doors lacked padlocks, many windows were broken and electrical plugs and light switches were not functional,” Simon said in court papers. The case was postponed to 23 August as neither Elago nor representatives from the City showed up on 26 July.
Change of ownership
Simon is seeking a court order that directs Elago to obtain a declaration from the Namibian Police regarding the change of ownership of the Groot Aub property.
She also wants him to rectify the MoA by amending the property details to accurately cite Erf 421, Groot Aub. She further wants the costs to be awarded on an attorney and own client scale.
Elago was arrested on a similar allegation in 2014 and appeared in a Rehoboth court.
This time, Elago, who is also the Swapo Party district coordinator for Windhoek Rural, stands accused of having received N$270 000 for a property in Groot Aub nearly four years ago. A high-flyer in Swapo, he was voted 26th on the central committee list out of 63 members during the 2022 party congress.
He received the money from Agnes Simon, who approached the Windhoek High Court in June.
‘Fabricated’ requirement
According to court documents, in May 2021, Elago and Simon entered into a written memorandum of agreement (MoA) to purchase a property for N$270 000. According to Simon, Elago proposed that she pay a N$100 000 deposit; however, she offered to pay N$200 000 instead and pay the remaining amount in installments over 24 months.
She allegedly completed the payment in 19 months, finishing in September 2023. In turn, Elago was to obtain a police declaration to be attached to the MoA, which Simon's legal team later deemed a fabricated requirement.
According to her, the declaration was supposed to stipulate a deed of sale, but a City of Windhoek official explained that this was not a legal requirement. Elago never issued the declaration to her, she said.
In her founding affidavit, Elago stated that in August 2023, the City announced that everyone who owned property in Groot Aub should approach their offices or send a representative for ownership verification.
"I asked someone who also signed the MoA as a witness to do the verification as I was not around. That is when I found out that the property was not situated on that specific erf," she narrated.
According to municipal records, the erf was an open plot registered to another woman. Simon claimed that this is the same plot Elago had sold to someone else roughly nine years ago. "I went to the City of Windhoek to seek assistance, and I was told that the discrepancy with the erf needed to be rectified on the MoA, accompanied by a declaration that would allow the City to register the property under my name. But Elago refused," Simon said.
Forged letter
Meanwhile, when Elago received a letter from the deputy sheriff's office on the matter, he allegedly sought assistance from local lawyer Kadhila Amoomo to urge that the case be handled outside of court. However, it was later found that the letter requesting this was neither signed by Amoomo nor his assistant, but rather by a private secretary.
“The [Groot Aub] property was intended for business purposes. I purchased it to renovate into a guesthouse and had to spend additional money on extensive renovations. The property was in poor condition and not suitable for operating as a guesthouse at the time of purchase. Some doors lacked padlocks, many windows were broken and electrical plugs and light switches were not functional,” Simon said in court papers. The case was postponed to 23 August as neither Elago nor representatives from the City showed up on 26 July.
Change of ownership
Simon is seeking a court order that directs Elago to obtain a declaration from the Namibian Police regarding the change of ownership of the Groot Aub property.
She also wants him to rectify the MoA by amending the property details to accurately cite Erf 421, Groot Aub. She further wants the costs to be awarded on an attorney and own client scale.
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