Africa-Press – Namibia. THE state is disputing former Fishcor chief executive Mike Nghipunya’s claim that fishing quota proceeds of more than N$81 million were paid to Swapo through the bank accounts of two law firms.
This emerged during the fourth day of Nghipunya’s bail hearing before judge Shafimana Ueitele in the Windhoek High Court on Friday. Auditing firm Deloitte, which carried out a forensic investigation into the use of fishing quotas by the state-owned National Fishing Corporation of Namibia (Fishcor), stated in a report dated June 2021 that N$6 059 197 was paid from an account of the law firm De Klerk Horn Coetzee Incorporated (DHC) to Swapo.
With an amount of N$131 397 also paid to the party from an account of the company Celax Investment Number One, of which lawyer Marèn de Klerk of DHC was the sole director, a total amount of N$6,19 million was paid to Swapo from accounts of the company and law firm, Deloitte recorded in its report.
Deputy prosecutor general Cliff Lutibezi questioned Nghipunya on the findings in the report during cross-examination on Nghipunya’s fourth day of testifying in his bail hearing.
During his cross-examination, Lutibezi stated to Nghipunya that money generated from fishing quotas allocated through Fishcor and which Nghipunya said was destined for Swapo’s coffers was in fact diverted and ended up in accounts connected to co-accused of Nghipunya.
Lutibezi said in usage agreements which Fishcor concluded in respect of quotas allocated to it, it was stated that usage fees were to be paid to Fishcor.
That, however, did not happen, as only part of the usage fees were paid to the state-owned company and the rest was diverted to co-accused of Nghipunya, Lutibezi said. Nghipunya said it was not for him to decide who the beneficiaries of ‘governmental objective’ quotas allocated through Fishcor were to be.
He said he was satisfied that the money meant for the benefit of Swapo was received by the party, as Fishcor received no complaints to the contrary from Swapo after the money meant for the party had been paid to the two law firms’ accounts.
Nghipunya told the court last week that former minister of fisheries and marine resources Bernhard Esau – one of his co-accused in the Fishrot fraud and corruption case – allocated a horse mackerel quota of 18 800 tonnes, classified as being for a ‘governmental objective’, to Swapo through Fishcor in 2017.
He said N$44 million in proceeds from that quota which were meant for Swapo were paid through accounts of the law firms DHC and Sisa Namandje & Co. Further on in his testimony, Nghipunya said the total amount meant for the benefit of Swapo and paid through an account of DHC in 2017 and 2018 was N$75,6 million, while N$5 million was paid though an account of Sisa Namandje & Co.
The first part of the payments was meant for Swapo’s elective congress in 2017, and the remainder, paid in 2018, was for the party’s presidential campaign, he again said on Friday.
In his testimony, Nghipunya also said he received instructions from the then chairperson of Fishcor’s board of directors, James Hatuikulipi, that the money realised from the fishing quota allocated for the benefit of Swapo was to be paid to DHC.
On Friday, he added that Swapo was also a beneficiary of an earlier fishing quota of 12 500 tonnes of horse mackerel allocated through Fishcor. In respect of that quota, he authorised a payment of N$15 million, meant for Swapo, to an account of Sisa Namandje & Co on 30 November 2016, Nghipunya confirmed.
What happened to the money after it had been paid to Sisa Namandje & Co “is above my responsibility”, Nghipunya said. FORENSIC REPORT Deloitte recorded in its forensic report that the Icelandic-owned fishing companies Mermaria Seafood Namibia and Saga Seafood paid N$75,6 million into an account of DHC.
The two companies – both part of the Samherji group of companies – had horse mackerel quota usage agreements with Fishcor. From DHC’s account, N$56,7 million was transferred to an account of Celax Investment Number One.
From the accounts of DHC and Celax Investment, a total amount of N$11,7 million was paid to the close corporation JTH Trading of Tamson Hatuikulipi, who is one of the accused in the Fishrot case, while N$4 million was paid to Hatuikulipi’s close corporation Erongo Clearing and Forwarding, it is stated in Deloitte’s report.
From Celax Investment’s account, N$14,7 million was also paid to James Hatuikulipi’s Phonlil Business Trust, N$8 million to his close corporation MH Property Projects, and N$500 000 to him personally, the accounting firm recorded.
The close corporation Otuafika Logistics CC of Pius Mwatelulo, who is one of the men charged in the case and is also now applying to be granted bail, received about N$10,2 million from Celax Investment, it is stated in the forensic report.
Deloitte further recorded that N$975 000 was paid from the account of DHC and N$243 445 from Celax Investment’s account for a conveyancing transaction connected to a farm owned by Esau. The bail hearing is continuing. Nghipunya is due to return to the witness stand for a fifth day of testimony today.
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