NPA WELCOMES NAMIBIAN HIGH COURT JUDGMENT CONFIRMING PRESERVATION OF N$49.4 MILLION LINKED TO ALLEGED ILLEGAL COAL MINING
The National Prosecuting Authority (NPA) welcomes the judgment of the High Court of Namibia, Main Division, Windhoek, confirming the preservation of approximately N$49.4 million linked to an investigation into alleged large-scale illegal coal mining, money laundering, and related offences in Mpumalanga.
The judgment, delivered by Justice Shafimana Ueitele Ambunda on 31 August 2026 in The Prosecutor-General v Jordaan and Others, confirmed the provisional preservation order granted on 30 December 2024 in terms of section 51 of Namibia's Prevention of Organised Crime Act. The preserved funds total N$49 440 985.96 and are linked to South African businessman Jacobus Hosea Jordaan, his wife Elza Jordaan, Welgevonde Farming (Pty) Ltd, and the Namka Trust.
The matter arises from investigations into alleged illegal coal mining activities conducted between November 2021 and September 2023 on Portions 11 and 12 of Farm Witkranz 53 IT in the Carolina area of Mpumalanga.
On 15 November 2023, the NPA's Asset Forfeiture Unit (AFU) in Mpumalanga, working in collaboration with the SAPS Special Illegal Mining Unit, obtained a provisional preservation order in the Mbombela High Court over a farm, coal stockpiles, heavy-duty mining equipment, vehicles, and other assets allegedly used as instrumentalities of illegal mining and environmental offences, or representing the proceeds of unlawful activities.
A further provisional restraint order was obtained on 21 December 2023 over assets estimated at approximately R1 billion.
Subsequent investigations traced suspected proceeds of crime from South Africa into Namibia. Financial analysis revealed that approximately N$66.7 million had been deposited into Namibian bank accounts linked to the respondents, of which approximately N$49.4 million remains preserved.
On 02 December 2024, the South African Financial Intelligence Centre (SA-FIC), in collaboration with the Namibian Financial Intelligence Centre (NamFIC), secured a temporary freeze over funds held in Namibian bank accounts linked to Jacobus and Elza Jordaan.
Thereafter, on 30 December 2024, the Namibian Prosecutor-General's Office obtained a preservation order in respect of approximately N$50.2 million held in eight Namibian bank accounts.
A further preservation order for approximately N$2.28 million was granted on 14 January 2025 in respect of two additional bank accounts.
The respondents challenged the preservation order, contending, among other things, that the funds were derived from legitimate business transactions. The Namibian High Court rejected the challenge and found that the evidence established reasonable grounds to believe that the funds constituted the proceeds of unlawful activities and that the bank accounts had been used as instrumentalities in connection with alleged money-laundering offences.
The court accordingly confirmed the preservation order and directed the respondents to pay the applicant's legal costs.
The NPA regards this judgment as a significant demonstration of the importance of effective cross-border cooperation in tracing, identifying, and preserving suspected proceeds of crime. It further highlights the value of asset forfeiture mechanisms in preventing suspected illicit funds from being dissipated or moved beyond the reach of law enforcement authorities.
The NPA remains committed to working closely with the SAPS, the Financial Intelligence Centre, and international law enforcement and prosecutorial partners to combat illegal mining, money laundering, and transnational organised crime, and to ensure that those involved in criminal activity do not benefit from the proceeds of unlawful conduct.
Issued by:
Monica Nyuswa
National Prosecuting Authority
Director of Public Prosecutions: Mpumalanga