Roland Routh
Anti-Corruption Commission chief investigator Andreas Kanganyela yesterday claimed Fishrot accused Tamson ‘Fitty’ Hatuikulipi of having benefitted with a massive N$75 million from the dolling out of fishing quotas to Icelandic fishing giant Samherji group of companies.
Kanganyela testified before High Court acting Judge David Munsu in the ongoing bail application of Hatuikulipi. He further said the State-owned Fishcor received quotas meant for governmental objectives to alleviate the poverty of Namibians to the tune of 474 000 metric tonnes, of which 238 000 metric tonnes landed in the nets of Samherji through usage agreements between Fishcor and Samherji. He further said the agreements were signed between Samherji subsidiaries Mermaria Seafoods and Saga fishing by Mike Nghipunya, the former Fishcor CEO, and James Hatuikulipi, the former chairman of the Fishcor board, who is also a cousin of Hatuikulipi.
The payment for these quotas was then made to Fishcor and then disbursed further through the DHC law firm to the “beneficiaries”, which was the “syndicate” consisting of the Fishrot accused. However, he said, in 2016, Nghipunya changed the payment arrangements and directed that the monies paid for the “quotas” be paid directly to the “beneficiaries”, which are the applicant, his co-accused and their business entities. All in all, he said, the total the accused received through their fraudulent scheme involving Fishcor is estimated in the region of N$317 million. He further said some of the money from the Fishcor deal was also paid into the trust account of Sisa Namandje.
With regards to whether any of the accused qualified to benefit from the governmental objective quotas, Kanganyela answered with an emphatic “no”. In relation to the Namgomar matter, he said their investigations revealed that Fitty was a participant in the formation of the entity from the start and was part of the negotiations between Namibia and Angola in the entire process.
According to him, the formation of a so-called joint venture between Namibia and Angola for the “benefit of its people” was just a smokescreen to access Namibia’s rich fishing grounds. He further said the entity Namgomar Pesca SA, which was the supposed Angolan partner in the so-called joint venture, was never registered in Angola, and it was a non-entity. The quotas allocated to them in accordance with an agreement signed between Namibia’s fisheries minister Bernhard Esau and that of Angola, Victoria de Barros, were diverted to Samherji, who paid a paltry N$500 per metric ton while the market at that stage was at least N$3 000 per metric ton, Kanganyela stated.
The agreement was that Samherji would secure a quota of 50 000 metric tonnes per year from 2014 to 2019.
He further said investigations revealed that only 25% of the proceeds from that arrangement was to be paid to Namgomar, of which another Fishrot accused, Ricardo Gustavo, was the sole owner and director, while 75% was to be paid in an account in Dubai, held by James in the name of Tundavalla Investments.
According to Kanganyela, US$4.5 million was paid into the Dubai account, while Namgomar Namibia received at least N$39 million, which was divided between the accused persons. If the quotas were sold at market value, Kanganyela said, it would have generated at least N$150 million.
Hatuikulipi, together with James, his father-in-law and former minister of fisheries Esau, Gustavo (on bail), former justice minister Sacky Shanghala, Nghipunya, Pius Mwatelulo, Otneel Shuudifonya, Phillipus Mwapopi and Nigel van Wyk, are facing more than 40 counts, comprising racketeering, contravening the Anti-Corruption Act, conspiracy, corruptly using an office to receive gratification, fraud, theft and money-laundering, as well as defeating or obstructing the course of justice.
It is alleged by the State that they corruptly received payments to give a competitive advantage to Icelandic fishing company Samherji in securing access to horse mackerel quotas in Namibia.
The State alleges all the accused acted with a common purpose. Also on the list of people added to the charges is lawyer Marén de Klerk. The State is yet to extradite De Klerk from South Africa, as well as Icelandic nationals Ingvar Júlíusson, Egill Helgi Árnason and Aðalsteinn Helgason. The matter continues today. Fitty is represented by Richard Metcalfe and Florian Beukes, and the State by Hesekiel Iipinge and Cliff Lutibezi.
– rrouth@nepc.com.na