WINDHOEK – Windhoek High Court Judge Christi Liebenberg has admitted evidence obtained by the Anti-Corruption Commission (ACC) through summonses.
The ruling was issued last week after a trial-within-a-trial to determine the admissibility of the summonses in the long running fraud and corruption trial of Teckla Lameck, her business partner Jerobeam Kongo Mokaxwa and Chinese national Yang Fan.
The ruling was made available yesterday.
Lameck and her co-accused objected to the evidence saying it was obtained unlawfully as the summonses were not “intelligible”.
Judge Liebenberg however found that all the requirements for issuing the summonses were met by the graft-busting agency the ACC.
According to the judge, the contentions of Sisa Namandje who appeared for the accused persons that the summonses failed to specify who the accused persons were; why the information was sought; and in respect of which offence under investigation the information was sought, lacked merit.
He further said that it must be emphasised that intelligibility requirements are not a “one size fits all” scenario especially where the ACC Act is required.
The judge further said that search and seizure warrants would only be set aside if there is an abuse of power or a gross violation of a person’s rights.
This was not the case in the present instance, the judge stated.
According to Judge Liebenberg a request for information – which was the case in this matter – does not amount to a formal summons in the manner contended by Namandje, and neither does a request in writing under the relevant section of the ACC Act require specification of the offence under investigation.
“The legislature’s genuine concern for integrity on investigations in corruption matters is apparent from that which is required when the Commission exercises its powers in terms of the Anti-Corruption Act,” the judge stated.
He went on to say that the ACC, in the exercise of its powers, lawfully directed its requests to the relevant institutions and identified with specific detail the exact information it wanted.
“It went further and referenced the sections in terms of which to exercise those powers,” the judge said and continued: “It can hardly, in these circumstances, be contended that the notices were unintelligible.”
He added that the contention that the summonses are unlawful ex facie as they are not specific as they do not set out the required information and for that reason are ‘vague and overbroad’, is surprising.
According to the judge, the impugned notices are specific in exact detail which information is required, including a request that the specified information be provided in respect of a particular specified period.
The judge said he is of the view that the notices do not offend the underlying philosophy of intelligibility, i.e. reasonableness, and such reason must be admitted into evidence.
The judge did however declare one of the summonses inadmissible during a previous ruling.
Lameck, Mokaxwa and Fan are accused of duping government through the Ministry of Finance to pay an inflated price of US$55,3 million for scanners to be used at airports and border posts.
In fact, the state alleges, the price was inflated with an amount of US$12,8 million meant as ‘commission’ for Teko Trading that facilitated the transaction.
Lameck and Mokaxwa alone face charges that they, while Mokaxwa was employed there and Lameck was the board chairman of Swapo-owned company Namib Contract Haulage, duped the company into buying them four tipper trucks valued at US$144 000.
The other charges – Lameck faces 18, Mokaxwa 12 and Fan 6 – relate to transgressions of the Immigration Control Act, the Prevention of Organised Crime Act and further contraventions of the Anti-Corruption Act.
Lameck, Mokaxwa and Fan denied guilt on the charges.
Advocate Dominic Lisulo appeared for the state assisted by Advocate Ethel Ndlovu.