Maria Amakali
Former fisheries minister Benard Esau has denied giving orders for funds to be transferred to the Sisa Namandje & Co and DHC law firms. Esau denied the allegations as put to him by state Prosecutor Cliff Lutibezi that funds from government objectives were transferred from the State-owned National Fishing Corporation of Namibia (Fishcor) to the bank accounts of Sisa Namandje & Co and DHC.
The prosecution is alleging close to N$82 million was transferred to DHC, while Sisa Namandje & Co received N$15 million.
The funds were later channelled to entities controlled by Esau’s co-accused. Other funds were used to pay off debts, for political campaigning and to purchase properties.
“As I have testified, I have not instructed or directed those law firms. If funds were transferred to those law firms, I am not here to testify on behalf of those who transferred those funds,” said Esau.
He said he only became aware of the transactions upon receiving disclosure from the State, and he has no idea who is responsible for making the transfers from Fishcor.
“I was not micromanaging Fishcor or whoever was transferring those funds. I am not involved in that. Let them come and testify as witnesses in this very case. I do not want to say somebody has stolen or misappropriated. Let them come and testify. I am testifying here for a bail consideration by our court,” said the former minister.
Esau was adamant that he did not direct nor instruct for the payments to be made.
Asked about his co-accused and former Fishcor CEO Mike Nghipunya’s testimony that funds transferred to the two law firms were meant for the 2016 Swapo congress, Esau said such an act was unlawful.
He said during his time as minister of fisheries, he has never identified any political party as a beneficiary of governmental objective quotas. He also refused claims he identified names of those to benefit from the transfers made to the two law firms.
“My lord, it is devoid of truth. When I was a minister, I never interfered in any management of any State-owned enterprise like Fishcor. I never micromanaged. What was happening in December 2015 to Sisa Namandje, where money was transferred, there were no campaigns and no elections. That is why I said it is devoid of any truth. Even when money was transferred to DHC in 2017, no elections or campaigns existed. So, it is devoid of any truth what was testified here,” said Esau.
Swapo held its sixth elective congress in November 2017.
Esau has continued to deny any wrongdoing. During his evidence-in-chief, Esau said he had nothing to do with the Fishrot scheme and said everything he did, including the agreement with Angola as well as signing off on the governmental objective scheme, was above board.
According to Esau, he was not alone in the decision to use fishing quotas to achieve government’s objective of eradicating hunger and assisting the fishing industry, arguing that the decision was a collective conclusion by Cabinet.
The former fisheries minister maintained his role was to facilitate the process on behalf of Cabinet.
Esau is awaiting trial alongside former justice minister Sacky Shanghala, former Fishcor CEO Nghipunya, former Investec Namibia (now Ninety One) CEO James Hatuikulipi, his nephew Tamson Hatuikulipi, former director of Namgomar Pesca Namibia director Ricardo Gustavo, Pius Mwatelulo, Otneel Shuudifonya and Phillipus Mwapopi. They are charged with several counts of fraud, racketeering, money laundering, contravening the Anti-Corruption Act, theft, tax evasion and their alternatives.
It is alleged they conspired to change Namibia’s fisheries legislation to provide unfettered access to Namibia’s rich fishing resources to international fishing conglomerate, Samherji, from Iceland, in exchange for bribes of millions of Namibia dollars.
They are currently awaiting trial.
In his quest to be released on bail, Esau said he would be able to raise N$200 000 for a bail deposit if granted bail, and that he would then try to focus on his farming activities to raise funds for his legal representation during his trial.
His co-accused Nigel van Wyk also seeks to be released on bail.
High Court Judge David Munsu on Wednesday postponed the hearing to 22 May.
- mamakali@nepc.com.na