Africa-Press – Namibia. A CASE in which the prosecutor general has obtained a property restraint order over assets of six of the men charged in the Fishrot fraud and corruption case is scheduled to be heard in the High Court in April next year. Judge Orben Sibeya set the date for the hearing, which is due to take place on 6 and 7 April, in the Windhoek High Court yesterday.
In the meantime, an interim property restraint order over a wide range of assets linked to six of the men accused in the Fishrot case, the wives of two of the accused, and 15 companies and close corporations in which they have a stake, will remain in force until the hearing on 6 April, Sibeya ordered.
That could be preceded by a hearing of an application in which five of the men charged in the Fishrot case want to ask the court to direct that payments from their restrained assets should be made to them to provide for their legal expenses and reasonable living expenses for which they are responsible.
That application will be heard on 14 February if prosecutor general Martha Imalwa decides to oppose the request of the five accused for funds to be paid for their legal fees and living expenses for which they are liable.
The five accused involved in that application are former minister of fisheries and marine resources Bernhard Esau, his son-in-law Tamson Hatuikulipi, ex-minister of justice Sacky Shanghala and his business partner James Hatuikulipi, and Pius Mwatelulo. The court granted Imalwa an interim property restraint order in terms of the Prevention of Organised Crime Act in November 2020.
In terms of the order, an extensive range of assets belonging to Esau, Shanghala, James Hatuikulipi, Tamson Hatuikulipi, Mwatelulo and Ricardo Gustavo, who was a senior employee of Investec in Namibia before he and the other five accused were arrested in November 2019, may not be dealt with and has been placed under the control of curators.
The assets include bank and investment accounts, interests in companies and close corporations, immovable properties, nearly 60 motor vehicles, firearms, jewellery, and several luxury watches.
Assets of Esau’s wife, Swamma Esau, and his daughter Ndapandula Hatuikulipi, who is married to Tamson Hatuikulipi, are also affected by the restraint order.
The Anti-Corruption Commission has gathered evidence which will prove that the accused and corporate entities used by them committed corruption, fraud, tax evasion, money laundering and racketeering offences in terms of the Prevention of Organised Crime Act, Imalwa alleged in an affidavit filed at the court.
An application in which Shanghala and James Hatuikulipi are asking the court to review and set aside Imalwa’s decision to institute the Prevention of Organised Crime Act proceedings that resulted in the restraint order, is also scheduled to be heard on 6 April. The counter-application of Shanghala and Hatuikulipi was filed at the High Court at the end of August.
Also at the end of August, the law firm representing Esau and Tamson Hatuikulipi, their wives and six corporate entities in which they have interests, gave notice that they want the court to determine points of law on the issue whether a lawful investigation of the matter, authorised in writing by the inspector general of the Namibian Police, took place before Imalwa used evidence obtained in such an investigation as the basis on which she applied for a property restraint order in November 2020.
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