RUNDU – The corruption case against former Rundu Town Council strategic executives Herman Haingura and Athanasius Maghumbo has been struck from the court roll after a further postponement request from the State was denied.
The court also ordered that bail money of N$50 000 each be refunded to the duo.
The two accused appeared on corruption charges before magistrate Barry Mufana in the Rundu Regional Court for plea and trial, which were set for last Wednesday and Thursday.
The case has been dragging on for six years after the two were arrested by the Anti-Corruption Commission (ACC) for allegedly corruptly using their office or positions for gratification in relation to awarding the SMS tender by the local tender board to Tulirereni Transport and General Services CC and Under-G Investments in February 2013.
Both companies belonged to one owner, and it was alleged that the two accused had interests there, and were conflicted as they exempted both companies from open bid tender procedures.
The two tenders amounted to over N$1.2 million. The State, through public prosecutor Helvi Gorases, made an application to postpone the matter as they were not ready and had insufficient evidence because some documents were not certified, and they needed to get that in order. Rundu-based attorney Benhard Tjatjara, who represented the duo, opposed the postponement, arguing that the case has been pending for six years and it needed finality. The State had six years to certify their documents to be used as evidence against his clients, he added. Tjatjara argued that the State was asking for a postponement because they did not have enough and proper evidence to prove their case.
Investigating officer Daniel Muchokwe was called in support of the application to remand the matter. “The defence is opposed to the further postponement because of the length of how the case has been pending, the remissness of the State’s investigating officer, the prejudice occasioned by the accused, and the absence of prejudice from the side of the State. The defence was and is ready to proceed,” he submitted.
The State then conceded that there was an error on their side to get all evidence in order.
Magistrate Mufana refused to postpone the matter any further, and struck it from the roll as the case has been delayed unreasonably. – jmuyamba@nepc.com.na