Windhoek
The prosecutor general has decided to withdraw all charges against 41-year-old David Ndeshipanda Imbili in the B1 City trial, Judge Christi Liebenberg was informed yesterday.
It seems the PG bowed to pressure from Imbili’s legal representative Sisa Namandje, who instituted a constitutional challenge to the charges his client faced. Namandje yesterday informed the court that he made several written submissions to the PG illustrating to her why the charges against Imbili would not stick and should be withdrawn.
Imbili was charged together with Kelly Nghixulifwa, 58, Anna Ndoroma, 51, and 48-year-old Hafeni Nginamwaami for alleged fraud and contravening the Anti-Corruption Act. Imbili faced a count of fraud and one of contravening the Anti-Corruption Act for dealing with, using, holding, receiving or concealing gratification. In the constitutional challenge Namandje lodged on behalf of Imbili, he said the charge is too vague and wanted details specifically on the offences his client is said to have committed.
However, since his client has been absolved of all charges, Namandje ceased with the constitutional challenge. The court also heard that Nginamwaami has lost his legal representative since his former lawyer, Lourens Campher, has joined the fray of the prosecutor general. He told Judge Liebenberg he is the process of obtaining new legal counsel and asked the court to give him time to finalise the process. Advocate Louis Botes who represents Nghixulifwa also wanted the court to remind the State to furnish them with a mirror copy of the hard drive of Nghixulifwa’s laptop, which contains a copy of the Ernst & Young audit into the business of the Roads Authority, where Nghixulifwa was employed at the time.
State Advocate Jack Eixab, who represents the State, was not in attendance as he is currently indisposed and the judge asked his stand-in, Henry Muhongo, to remind Eixab of the request.
Nghixulifwa, who resigned after the ambitious supposed construction of B1 City opposite the Katutura hospital went belly-up, is facing 10 charges of fraud and contravening the Anti-Corruption Act with his business friends, Ndoroma and Nginamwaami.
While Nghixulifwa alone now faces the ten counts, Ndoroma faces four counts and Nginamwaami four counts.
At the centre of the matter is a loan of N4.8 million that Nghixulifwa secured for Ae//Gams Engineering to purchase Erf 10485 in Independence Avenue.
Count 1 is contravening the Anti-Corruption Act by corruptly using office or position for gratification together with alternatives for fraud and theft in relation to the B1 City project. Count 2 and 3 relate to fraud, while count 4 deals with contravention of the Roads Contractor Company Act, failing to disclose relations in contracts, also in relation to B1 City.
Count 5 is contravening the Anti-Corruption Act and deals with using, holding, receiving or concealing gratification in relation to an offence, or alternatively using property obtained from gratification. Count 6 deals with contravening the Anti-Corruption Act by corruptly using office or position for gratification in relation to Cradle Investments. Count 7 is contravening the Anti-Corruption Act by conspiring with another to commit an offence of corruption, alternatively theft. Count 8 is contravening the Roads Contractor Company Act, failing to disclose relations in contracts in respect of Cradle Investments, while count 9 relates to contravening the Anti-Corruption 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 10 relates to fraud, alternatively theft by false pretences or theft for allegedly duping Murray & Roberts and/or Rudiger Saunderson that Cradle Investments acted as project facilitator for the construction of the RCC head office and was entitled to a commission of N$150 000.
Ndoroma is represented by Silas-Kishi Shakumu.