An employee of former justice minister Sacky Shanghala became the latest person to suffer a legal blow when the Windhoek Magistrate’s Court dismissed his bail application last week. Magistrate Ivan Gawanab ruled that Nigel van Wyk (33) did not satisfy the court’s requirements to be released on bail pending his trial.

Van Wyk is accused of attempting to defeat the course of justice when he was allegedly caught removing potential evidence from Shanghala’s residence in Windhoek. 
The prosecution alleges that the material he removed could be evidence in the ongoing investigations of the bribery fishing quotas case, a case that is sensitive and of a serious nature.

Delivering the ruling, Gawanab said that the court weighed Van Wyk’s personal circumstances, the seriousness of the case and the overwhelming evidence and came to the conclusion that it would not be in the best interest of the public nor administration of justice for him to get bail. 

Furthermore, Van Wyk has a pending case in which he is accused of attempting to defeat the course of justice, which is the same thing he is currently being accused of. 

The court concluded that his alleged actions were for the sole purpose of protecting his employer and co-accused in the matter.
In addition to the charge of obstructing the course of justice, Van Wyk also faces a charge of money laundering and alternative charges that fall under the Prevention of Organised Crimes Act (POCA).  

The prosecution alleges that between January 2018 and December 2019, Van Wyk received more than N$697 000 from Otuafika Logistics. 
The company is co-owned by James Hatuikulipi and his cousin Pius Mwatelulo.  It is alleged that during the same period, Van Wyk further received more than N$309 000 from Olea Investments, a company owned by Shanghala.
 The money was allegedly transferred to Van Wyk’s personal account at Bank Windhoek. The State indicated that Van Wyk knew that the funds were derived from unlawful activities. 
– mamakali@nepc.com.na