An Egyptian national, Ahmed Rashed who is married to a Namibian, has had to battle it out with the Namibian Police to have them return back his money which had been confiscated after he was arrested at the Hosea Kutako airport and charged in terms of the prevention of organised crime Act and the foreign exchange rate regulations.
This was in spite of a favourable regional court ruling which ordered that the money, which was in the region of N$640 000 and was kept by Bank of Namibia, be returned to him.
Rashed is married to a Namibian and said in his affidavit that he had two children while he plies his trade selling floor mats, blankets, curtains and cutlery.
Said Rashed, “I was expecting the money to be returned to me shortly after the judgement was delivered. After a few days of waiting, I approached a police officer by the name of Serug, whose name I can not correctly spell to ask what I could do to get the money returned.”
“He informed me that he (did) not know what to do and that I must come back the next day to allow him time to read the judgement. When I returned to him the next day, he informed me that he will have to get a document from the prosecutor to be assigned and submitted to the Bank of Namibia.”
Rashed says in his affidavit that efforts to make follow-ups were in vain after which he sought the assistance of his lawyer, Appolus Shimakeleni of Appolus Shimakeleni Lawyers.
A letter was penned to the government attorney in which Rashed’s lawyer warned that there was a contempt of court to which they replied stating their intention to appeal to the high court.
The position of Rashed’s lawyer was such that, in terms of criminal matters, whether one appeals or not, a court order has to be complied with unless there is a special application.
The finance ministry also chipped in with an application to intervene since Rashed had been charged for contravening the foreign exchange rate regulations.
A judgement was finally reached where instructions to comply with the order was issued while the finance ministry’s application was struck with costs.
Rashed cited the inspector general of the Namibian Police, minister of safety and security, prosecutor general and the Bank of Namibia as respondents in the case.