High Court Judge Thomas Masuku has ordered the forfeiture of several high-value assets from the Amushelelo Family Trust and related entities, following a successful application by the Prosecutor General under the Prevention of Organised Crime Act.
This decision comes after allegations of fraud, money laundering, and tax evasion were submitted and argued in court.
The court found that Amushelelo deceived the public through a fraudulent forex trading scheme called Project One Million.
Investors were apparently lured with promises of high returns but were ultimately misled, with substantial sums being used for personal expenses rather than legitimate forex trading.
An amount exceeding N$86 million was invested, with a significant shortfall in meeting repayment obligations.
Key assets ordered for forfeiture include luxury vehicles such as a BMW 1 Series, a Range Rover Sport, and a Mercedes Benz A45 AMG, among others, held by various entities related to the first respondent.
The ruling, however, is subject to a pending Supreme Court decision on the Commixtio principle. This principle is applicable when commingling property where ownership and distribution need to be resolved, which may affect the handling of certain frozen accounts.
The court has thus instructed that only funds directly tied to unlawful activities be forfeited, with other amounts remaining frozen until further notice.