Disgraced former fisheries minister Bernhard Esau and his wife, Swamma Esau emerged victorious yesterday in the Windhoek High Court in their fight to have access to their funds frozen by the State.

Judge Beatrix de Jager ordered the curators managing the assets of Esau and his wife to release more than N$1.2 million to allow him to pay his legal bills.

She also ordered the curators to release more than N$2.1 million for the former Cabinet minister to pay future legal bills.

By order of the court, the funds must be transferred to the trust account of Esau’s legal team, Metcalfe Beukes Attorneys held at First National Bank. 

The politician and his wife sued the prosecutor general alongside the curators to access money placed under a Prevention of Organised Crime Act property restraint order, to pay his lawyers for past and future legal services.

He asked the court to release N$1.2 million for legal fees he has accumulated and an additional N$2.3 million to pay his lawyers to represent him during his upcoming criminal trial in the Windhoek High Court.

Esau said he and his family with the properties that have not been seized, would not be able to pay for the legal expenses accumulated and future ones.

However, he has not succeeded in his attempts to obtain State-funded legal representation.

In her ruling, Judge de Jager said Esau has disclosed his assets and interest that he has in various entities, despite not knowing the value. 

Thus, his application cannot be dismissed just because he failed to give the correct values on his tax liabilities.

“… The court is satisfied that there is sufficient retrained property to meet the expenses despite the uncertainty on the tax liability of the livestock sales,” said the judge.

De Jager also said she was satisfied with the evidence that Esau, his wife, and those that they are legally liable to support cannot meet the expenses with the properties that were not seized.

“Considering the facts supporting the provision sought for legal expenses, the amount appears reasonable. In and of itself, the amount is substantial but not unreasonable compared to the value of the applicant’s estate. The applicant’s immovable property is about N$21 770 000,” said de Jager.

She ordered the prosecutor general to bear the cost of the application.

Esau’s assets alongside that of his wife were seized by the State following his arrest in November 2019. 

The assets seized include his Omaheke region farm, valued at about N$17. 9 million, a house in Windhoek’s affluent Hochland Park suburb valued at about N$3.8 million, five cars with a combined value of about N$840 000, livestock valued at N$500 000, and six bank accounts with a combined credit balance of about N$3.6 million.

Esau is awaiting trial alongside Ricardo Gustavo, former justice minister Sacky Shanghala, businessmen James Hatuikulipi, Tamson Hatuikulipi, Pius Mwatelulo, Mike Nghipunya, Nigel van Wyk, Otneel Shuudifonya, Phillipus Mwapopi, Jason Iyambo, as well as Sakaria Kuutondokwa Kokule.

Other accused persons such as lawyer Marén de Klerk and Icelandic executives Ingvar Júlíusson, Egill Helgi Árnason and Adalsteinn Helgason are yet to be extradited to Namibia

The group face a handful of criminal charges for allegedly corruptly receiving payments of at least N$103.6 million to allow Icelandic fishing company Samherji to secure access to horse mackerel quotas in Namibia. 

The State alleges the fishing quotas to which Samherji had gained access had supposedly been allocated “for governmental objectives in the public interest”.

They further face criminal charges for allegedly channelling millions in funds from Fishcor through law firms into their bank accounts.

They will appear in court on 26 July.

-mamakali@nepc.com.na

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