Windhoek High Court Judge Orben Sibeya yesterday set the date for the hearing of the application by the curators – Dave Bruni and Ian McLaren – who were tasked to manage the assets of some of the Fishrot accused to be released from their duties on 20 January 2023.
However, before that, the parties will have to attend a status hearing on 8 December to determine whether the orders issued by Judge Sibeya were adhered to. The parties involved must file a joint status report on 5 December.
Prosecutor general Martha Imalwa is opposing the application. While the other defendants, Tamson Hatuikulipi, James Hatuikulipi, Sackey Shangala, Bernhardt Esau, Pius Mwatulelo and Swamma Esau, do not oppose the termination application, they want clarity on the assets under the curatorship of Bruni and Mclaren.
They asked the court to make an order for the curators to provide them with a report on their assets within 14 days of the court order. Yesterday, the judge made an order that the curators must file a report on or before 25 November, containing an inventory of all the realisable property of the defendants, the whereabouts of all the assets, a description of each and a sworn valuation of each item.
Furthermore, they must provide a list of any item obtained from a third party with the name and address, together with a description of the item(s) and a statement on the grounds upon which they took possession as well as the manner in which they dealt with the property.
The report must also contain recommendations on any property not yet under their control and any arrangements entered into with any defendant and/or respondent, and what such arrangements entail.
In addition, the curators must provide an engagement made with bondholders with regards to immovable property and whether the bonds are serviced from the estates, and if any of the defendants default, regarding payment of any expense in respect of the realisable properties to identify them.
To list all assets, including livestock, running costs and other obligations of Esau on his farm, the financial statements of Tamson and his entities as well as accounting for the monthly rental income from properties leased by the defendants.
Should the curators fail to provide the report, the PG can approach the High Court for a contempt of court order against them. The group has a combined 26 erven spread over various Namibian towns as well as in Cape Town, South Africa, and 48 vehicles. The curators are also managing the accused’s 33 bank accounts and shareholding in various companies and trusts.