WINDHOEK- Former CEO of the Roads Contractor Company (RCC) Kelly Nghixulifa and his business friends Anna Ndoroma, 53, and 50-year-old Hafeni Nginamwaami got new trial dates yesterday when they made a routine appearance before Windhoek High Court Judge Christi Liebenberg.
This was after the judge refused to counts 1, 5, 6, 9 and 10 in the indictment Nghixulifa face in relation to charges of fraud and contravening the Anti-Corruption Act and the amendment of counts 2, 7 and 11 by deleting a section of the Criminal Procedure Act.
Judge Liebenberg informed the trio that due to the congestion of the court roll, their trial can only commence on June 3 next year to run until June 7. He however postponed the matter to May 22 next year for another review roll appearance by the three accused.
Nghixulifa, 59, who resigned after the ambitious supposed construction of B1 City opposite the Katutura Hospital went belly-up, is facing ten charges of fraud and contravening the Anti-Corruption Act.
Nghixulifa alone face the ten counts, Ndoroma faces four counts and Nginamwaami four counts.
At the centre of the matter is a loan of N$4.8-million that Nghixulifa secured for Ae//Gams Engineering to purchase Erf 10485 along Independence Avenue.
Count 1 is contravening the Anti-Corruption Act by corruptly using office or position for gratification together with alternatives for fraud and theft in relation to the B1 City project.
Count 2 & 3 relates to fraud while count 4 deals with contravention of the Road Contractor Company Act, failing to disclose relations in contracts also in relation to B1 City.
Count 5 is contravening the Anti-Corruption Act and deals with using, holding, receiving or concealing gratification in relation to an offence or alternatively using property obtained from gratification on B1 City.
Count 6 deals with contravening the Anti-Corruption Act by corruptly using office or position for gratification in relation to the Cradle Investment.
Count 7 is contravening the Anti-Corruption Act by conspiring with another to commit an offence of corruption alternatively theft.
Count 8 is contravening the Road Contractors Company Act Companies Act, failing to disclose relations in contracts in respect of Cradle Investments while count 9 relates to contravening the Anti-Corruption Act for corruptly using office or position for gratification by payment of Brian Nalisa FNB Home Loan mortgage arrears with RCC money alternatively theft.
Count 10 relates to fraud alternatively theft by false pretenses or theft for allegedly duping Murray & Roberts and or Rudiger Saunderson that Cradle Investment acted as project facilitator for the construction of the RCC head office and was entitles to a commission of N$150 000.
Ndoroma and Nginamwaami face counts 2, 5, 7 and 10. They are supporting the application by Nghixulifa, but is asking the judge to dismiss all the charges against them for the simple reason that the RCC is and never was a public body and therefore Nghixulifa was never a public person.
Senior Counsel Vas Soni from South Africa represents Nghixulifa, Silas Kishi-Shakumu represents Ndoroma and Kadhila Amoomo represents Nghinamwaami while the prosecution is represented by state Advocate Hesekiel Iipinge. They are all on bail.