WINDHOEK – The trial in which the former CEO of the Roads Contractor Company (RCC), Kelly Nghixulifwa, and three others and their companies are accused of fraud and contravening the ACC Act is set to start in September next year.
State Advocate Jack Eixab informed Judge Christie Liebenberg that they were allocated a trial judge and trial dates during a pre-trial conference in the High Court last week.
The trial is set down for September 21 to October 08, 2015 and again from November 16 to 23 and December 01 to 09 also next year.
Nghixulifwa, 56, resigned after the ambitious construction of B1 City opposite the Katutura State Hospital went awry.
His co-accused are his business associates Anna Ndoroma, 51, Hafeni Nginamwaami, 48, and David Ndeshipanda Imbili, 41.
Also charged are the companies Ae//Gams Engineering represented by Imbili and Cradle Investments represented by Nghinamwaami.
At the centre of the matter is a loan of N$4.8 million Nghixulifwa secured for Ae//Gams Engineering to purchase Erf 10485 in Independence Avenue in Windhoek. He faces eight charges.
Count 1 is contravening the ACC Act by corruptly using his office or position for gratification together with alternatives for fraud and theft in relation to the aborted B1 City project.
Count 2 relates to fraud while count 3 deals with contravention of the RCC Company Act, and failing to disclose his ties to B1 City.
Count 4 is contravening sections of the ACC Act which deals with using, holding, receiving or concealing gratification in relation to an offence or alternatively using property obtained from gratification for B1 City.
Count 5 deals with contravening the ACC Act by corruptly using office for gratification alternatively theft in relation to Cradle Investments.
Count 6 is contravening the Companies Act, failing to disclose relations in contracts in respect of Cradle Investments while count 7 relates to contravening the ACC Act for corruptly using office or position for gratification by payment of Brian Nalisa’s FNB Home Loan mortgage arrears with RCC money, alternatively theft.
Count 8 relates to fraud alternatively theft by false pretences or theft.
Ndoroma and Nginamwaami face counts 1, 4, 5 and 8, Imbili counts 1 and 4 and Ae//Gams Engineering counts 1 and 4 while Cradle Investments faces counts 5 and 8.
In the indictment the State alleges Nghixulifwa was at all relevant time an employee of RCC and therefore a public officer as defined in the Anti-Corruption Act.
It also states Nghixulifwa was a “covert” shareholder in Ae//Gams Engineering through Ndoroma and that Ndoroma, Nginamwaami and Imbili through their entities acted in con or with common purpose to commit the offences.