WINDHOEK – The former chief executive officer of the Roads Contractor Company (RCC), Kelly Nghixulifwa, and businessmen David Imbili and Hafeni Nghinamwaami were each granted bail of N$60 000 after they were arrested on charges of fraud.
The fraud case arises from the N$4.8 million of RCC money that Nghixulifwa, 56, allegedly unlawfully, wrongfully, intentionally, directly or indirectly conspired to use “to purchase an unimproved Katutura Erf No. 10485 on behalf of Ae//Gams Engineering (Pty) Ltd a company in which he and his co-accused held shares of interest”.
Anna Ndoroma, 51, is accused number two in the case.
Alternatively, according to the charges, Nghixulifwa with the complicity of his co-accused on October 18 2005 wrongfully and unlawfully misrepresented to the RCC Board that he had “no interest or shareholding” in Ae//Gams Engineering and that he was “acting in good faith as CEO of RCC by entering into or causing RCC to enter into a contract with Ae//Gams Engineering” for the purchase of the said building “using RCC money or credit facility in the amount of N$4 871 780.”
The charges are that the accused number one Nghixulifwa acted in bad faith by failing to disclose his shareholding to RCC or the RCC Board of Directors.
His other co-accused Imbili, 46, and Nghinamwaami, 48, also made their first court appearance in the Windhoek Magistrate’s Court yesterday. Anti-Corruption Commission (ACC) agents brought the three accused to court.
They joined accused Anna Ndoroma who made her first appearance last Thursday in the same court and was also granted bail of N$60 000.
They all face fraud and theft charges including corruptly using an office or position for self-gratification, failing to disclose an interest in a contract and money laundering.
The charges stem from the RCC’s involvement in the B1 City property development project in 2005 and 2006, the charge sheet indicated.
Nghixulifwa allegedly defrauded the RCC and a construction company, Murray & Roberts, in December 2004 by concealing his shareholding in Cradle Investments, a company represented by Nghinamwaami, and allegedly induced the RCC and Murray & Roberts to pay a ‘facilitation fee’ of N$150 000 to Cradle Investments and Nghinamwaami for the role they supposedly played in the construction of a new head office for the RCC.
Nghixulifwa also faces the charge that while he was the CEO of RCC where Brian Nalisa was a “salaried employee” who received a housing allowance the accused “corruptly” used his office to benefit Nalisa to the amount of N$92 729 to offset Nalisa’s arrears of N$92 729 as Nalisa’s house was about to be auctioned by the bank.
Yesterday prosecutor Henry Muhongo recommended bail of N$60 000, which Magistrate Ruth Herunga granted. And the three men hastily paid the bail on Monday.
The matter was remanded to February 24, when the three men together with Ndoroma will appear again in court.
The prosecutor general has instructed that the accused must attend a pre-trial conference in the High Court in Windhoek on April 10.
“The accused must be informed that the pre-trial date is a date on which problems regarding legal representation and other problems regarding the case will be sorted out and on which date the case can be finalised if the accused plead guilty to the preferred charge,” stated the PG’s instructions.
Gabriel Frank Kopplinger from the law firm GF Kopplinger Legal Practitioners represented Nghixulifwa, while Imbili was represented by Mbushandje Ntinda, from Sisa Namandje & Co. Nghinamwaami was not represented.
By Tunomukwathi Asino