Africa-Press – Namibia. PROSECUTOR general Martha Imalwa has declined to prosecute a case involving allegations of corruption in the demolition of a government building at Okahandja.
This is despite minister of works and transport John Mutorwa insisting that the N$2,4 million tender to demolish the building was awarded corruptly.
The Anti-Corruption Commission (ACC), on Mutorwa’s insistence, investigated how the cost of demolishing the building went from N$700 000 to N$2,4 million in one day.
The Ministry of Works and Transport in 2018 awarded the contract to a company called Addi Investment Africa, owned by businessman John Sylvanus John, known as ‘John John’.
John scored the N$2,4 million contract to demolish the old hotel building owned by the government at Okahandja.
The works ministry was considering housing the Malaysian Limkokwing University of Creative Technology in the building, before former executive director of works and transport Willem Goeiemann was advised to flatten it after it was declared unfit for occupation.
Mutorwa, however, said the contract was awarded irregularly.
The ministry then halted the payment, saying the Procurement Act was not followed, which resulted in costs allegedly escalating from N$700 000 to N$2,4 million.
After this, the ministry roped the ACC in to investigate.
“Kindly note investigations were conducted, and upon completion, the matter and all relevant information and evidence assembled in connection referred to the prosecutor general for a decision whether to prosecute or not,” ACC spokesperson Josefina Nghituwamata told The Namibian last month.
She said: “Thereafter, the prosecutor general declined prosecution on the matter. Reasons are then contained in the prosecutor general’s decision.”
Imalwa did not comment on the matter.
“I am busy and unable to attend to your questions,” she said last month.
The prosecutor general’s decision not to pursue the case due to a lack of evidence could be in John’s favour.
He is currently suing the government in a bid to recover money owed to him for the demolition of the building.
Mutorwa last week said he has not seen the investigation report.
“I am not privy to the content of that report,” he said.
He referred The Namibian back to the ACC for the report.
John initially approached the government with a proposal to lease the property for 25 years.
He wanted to construct a hotel and restaurant on the land.
His proposal was not approved, but the works ministry ended up giving him the contract to demolish the building.
Mutorwa has, however, refused to approve the N$2,4 million payment, citing possible corruption in the agreement.
“I didn’t say I don’t want the payment to go through. As far as I am concerned, when Goeiemann approved the contract, I was not the minister of works and transport. When The Namibian reported on it, we started to dig in,” Mutorwa told The Namibian last year.
Goeiemann denied any wrongdoing, saying as an accounting officer, he was not involved in the awarding of tenders, and he did not determine how much the ministry should pay.
He said he made approvals based on the recommendations of ministry staff.
John last week said the prosecutor general declined to prosecute the matter because there was no evidence of procedures not being followed as suggested by the minister.
“This thing has been going on for some time. The ACC did not find anything. The Office of the Attorney General asked the ministry to pay, but the minister is still adamant the right procedure was not followed,” John said.
“If the right procedures were not followed, how is that my responsibility?”
John said he is ready to withdraw the matter from the High Court if the works ministry pays the N$2,4 million it owes Addi Investment Africa.
He said he has been treated unfairly.
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