Windhoek High Court Judge David Munsu yesterday set the date for arguments on the bail application of former fisheries minister Bernhardt Esau and Fishrot minnow Nigel van Wyk as Friday, 24 November.
Esau and Van Wyk made a routine appearance before Judge Munsu to determine the date.
The judge ordered that Florian Beukes and Mbanga Siyomunji representing the two applicants, respectively, should file their heads of argument on or before 6 November, and state advocates Ed Marondedze and Esekiel Ipinge on or before 13 November.
In amplification of his bail application, Esau categorically stated that he was never involved in the allocation of quotas or fishing rights, and depended on his senior staff, including the then permanent secretary Ulitala Hiveluah (deceased) - to do the administrative work, and he would just sign off on it.
“I had in my employ several highly-qualified people who advised me on various issues, and I readily accepted their advice,” he told the judge when questioned about quotas he allocated during cross-examination by Marondedze.
The minister said he was just an administrator, and the real decisions were made by his senior staff. He added that his name was used and abused by his co-accused.
Van Wyk told the court that he was just an employee of former minister of justice Sakeus Shanghala and his friend and partner James Hatuikulipi, and thus merely followed their orders. He, too, categorically denied that he was ever part of the Fishrot scheme.
Esau and Van Wyk are asking the High Court to release them on bail on new facts after both had their previous bail applications refused.
They are charged with Shanghala, former Fish Corporation of Namibia (Fishcor) CEO Mike Nghipunya, former Investec Namibia (now Ninety-One) CEO James Hatuikulipi, his nephew Tamson Hatuikulipi, former director of Namgomar Pesca Namibia Ricardo Gustavo, Pius Mwatelulo, Otneel Shuudifonya and Phillipus Mwapopi with more than 40 counts comprising racketeering, contravening the Anti-Corruption Act, conspiracy, corruptly using an office to receive gratification, fraud, theft and money-laundering, as well as defeating or obstructing the course of justice.
It is alleged that they conspired to change the Fishing Act to give unfettered access to Namibia’s rich fishing resources to international fishing conglomerate Samherji from Iceland in exchange for bribes of millions of dollars.
The State claims that they received at least N$103.6 million in bribes to give a competitive advantage to Samherji in securing access to horse mackerel quotas in Namibia.
Also on the list of people to be added to the charges is lawyer Marén de Klerk, who is charged as a representative of Celax Investments, which was allegedly used as the conduit to funnel millions of dollars from Fishcor to the bank accounts of the accused.
The state is yet to extradite De Klerk from South Africa, as well as Icelandic nationals Egill Helgi Arnason, Ingvar Juliusson and Helgason Adelsteinn. The main trial is set to start on 19 October before High Court Acting Judge Moses Chinhengo, who was drafted especially for the Fishrot matter from Zimbabwe.
- rrouth@nepc.com.na
Pic: Esau and Van Wyk
Caption: Bernhardt Esau and Nigel van Wyk
Photo: File