Iuze Mukube
The long-anticipated outcome of the bail application by former fisheries minister Mac-Albert Hengari and his co-accused was handed down yesterday in a ruling delivered in the Windhoek Magistrate’s Court.
Magistrate Monica Andjaba granted bail to the tune of N$15 000 each, provided they adhere to the bail conditions.
The ex-minister and his 31-year-old co-accused are each facing three charges, including defeating the course of justice, corruptly giving gratification and inciting to commit an offence.
The charges are in relation to the incident on 26 April 2022 in Windhoek. Hengari allegedly attempted to defeat the course of justice by offering the 21-year-old complainant N$220 000 to withdraw the rape case she had opened against him. The State objected to bail, citing the seriousness of the case and the strength of the State’s case.
The State further cited that it is not in the interest of the public or the administration of justice.
In addition, the State fears interference with police investigations or State witnesses, and the likelihood that they will abscond.
A witness, Vaino Werner, who testified on the State’s behalf, stated that defeating the course of justice carries a heavy fine because inciting a victim to withdraw a case, particularly a rape case, undermines the judicial process.
He added that granting bail would not be in the interest of justice, as it is the public’s perception that anyone brought before a court must go through the judicial process.
He said that no one is above the law. On the issue of flight risk, Werner told the court that Hengari has lived abroad for several years and is believed to have a daughter residing in the United States.
His co-accused resides in Germany.
Since there is no extradition treaty between Namibia and Germany, it would be difficult to bring him back if he flees.
Additionally, Hengari only submitted an expired passport and failed to provide any other travel documents. His co-accused submitted his German visa.
Werner said the State has a prima facie case, backed by police investigations, which include witness testimonies and audio recordings.
On his quest for release, Hengari argued that he has deep roots in Namibia, no prior convictions and was willing to abide by any conditions imposed by the court.
He added that the rape allegations against him stem from a failed extortion attempt and a deliberate setup. ‘
He strongly denied having, on any occasion, attempted to pay the complainant N$222 000 to withdraw an alleged rape case against him.
During the proceedings, he expressed that he did not know whether the State, by omission or commission, is confusing the two sums of N$222 000 and N$200.
He said he only gave the complainant N$200 on 26 April 2025 as taxi fare to the law firm [Shikongo Law Chamber].
The other accused expressed that he cannot remain in custody for something that he did not do.
He added that since his arrest, he does not know where his sister is located or how to get hold of her.
He said he never asked his sister, the complainant, to receive money from Hengari, nor did he receive money from him.
The accused pointed out that he came back to Namibia upon his mother’s request to assist them in resolving the matter with Hengari.
Andjaba ruled that the State failed to dispute that the amount paid to the victim was N$200 and not N$200 000 as testified by Hengari.
She added that this questions the State’s prima facie ground of objection.
On the other grounds of objections by the State, Andjaba stated that there is no evidence on the likelihood or risk that the accused will abscond.
She added that the fear of interference with witnesses by the State will be cured by bail conditions.
Andjaba further noted that while the allegations against Hengari were serious, the State failed to prove that he posed a significant risk to justify continued detention.
She ruled that Hengari and his co-accused discharged the onus placed upon them that they were suitable candidates for bail.
She set the bail amount to N$15 000 each with conditions.
The bail conditions attached included surrendering all valid passports and a prohibition from applying for new travel documents.
In addition, the accused may not have any direct or indirect contact with State witnesses.
Another condition is that the accused should report every Monday at the Windhoek Police Station.
Finally, the accused may not leave the district of Windhoek without authorisation.
The matter was postponed to 15 August 2025 for plea proceedings.
Photo: Heather Erdmann