Werner Menges
30 October 2008
An Oshikango-based Chinese businessman is in danger of losing the equivalent of more than N$4,5 million to the State after he pleaded guilty yesterday to a charge that he had tried to illegally take more than U$$431 000 out of Namibia.
The case in which businessman Chen Jianguo pleaded guilty to five charges yesterday is the third matter involving charges under Namibia's Exchange Control Regulations to have been dealt with by the Windhoek Regional Court this year.
In the two previous cases, seven Angolan nationals were made to pay a heavy price for breaking Namibia's foreign exchange law when the court made an order declaring a total of US$416 674 - the equivalent of about N$3,1 million at the then prevailing exchange rate - to be forfeited to the State.
With Chen facing the danger that the same costly order could be given in his case, defence lawyer Louis Karsten and Public Prosecutor Brownwell Uirab agreed after Chen had given his plea before Magistrate Sarel Jacobs to postpone his case until the High Court has given a ruling on an appeal that has been launched against the previous forfeiture orders.
Chen, who owns a shop at Oshikango's China Town, admitted that he contravened the Customs and Excise Act by not declaring that he was bringing US$431 492 into Namibia between September and November last year.
He also admitted that he contravened the Exchange Control Regulations of 1961 at Hosea Kutako International Airport on November 14 last year by trying to take US$431 492 - the equivalent of N$4,573 million at the current exchange rate - out of Namibia without authority from the Treasury.
Chen further admitted that when he faced arrest after the money had been discovered in his possession, he offered bribes to three officials at the airport in a futile attempt to persuade them not to go through with the arrest.
He admitted that he offered a bribe of US$10 000 to a Police Constable, a bribe of N$870 to another official, and a bribe of N$700 to a third official.
Chen was granted bail of N$400 000 two days after his arrest.
The bail was paid a day later, but has since been reduced to N$300 000.
Seven Angolan nationals were charged in the two previous trials that resulted in the forfeiture orders being given.
Except for losing the money that they claimed to have brought into Namibia from Angola and with which they said they were on their way to Dubai, the Angolans were also sentenced to pay fines totalling N$145 000 or serve jail terms ranging between two years and eight months for the Exchange Control Regulations violation.
One of the Angolans, who had offered a bribe of US$100 to a Police officer at Hosea Kutako International Airport in a bid to persuade the officer to let him and his fellow travellers leave the country unhindered, was also sentenced to pay a fine of N$10 000 or serve a one-year prison term on a charge of corruption.
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