Judge Shafimana Ueitele on Tuesday pushed bail-seeking ex-Fishcor boss Mike Nghipunya into a corner, to come clear and explain who the N.dollars 15 million he paid through local law firms were intended for and what ‘governmental objectives quotas’ which he oversaw benefited.
The funds were aimed to bankroll the ruling Swapo Party’s intraparty congress in 2017, Nghipunya told Ueitele, who would not take any general response.
The court also heard on the same day that Nghipunya’s Gwanyemba Investment Trust made N.dollars 15 million over three years, funds that can directly be linked to Fischcor, the company which Nghipunya headed between 2014 and 2020.
Gwanyemba Investment Trust only has four employees, one being Nghipunya himself who serves as an executive. The other three employees include a director of operations, a property manager and a general employee who oversees day-to-day operations.
Nghipunya conceded that he made more money [N.dollars 15 million] through Gwanyemba Investment Trust when compared to Fishcor [N.dollars 1.3 million annually] where he was employed on a full-time basis.
“I am interested in facts only,” Ueitele said.
The first question he put to Nghipunya was: “Who are the beneficiaries in respect of the governmental objectives?”
At first, Nghipunya told the court that the beneficiaries as far as governmental objectives are concerned were not individuals or entities that are pre-determined.
“These are, in my understanding, discretionary powers given to the Minister of Fisheries and Marine Resources,” he said.
Ueitele was clearly not persuaded by what appeared to be a vague response.
“There were payments made to De Klerk [De Klerk, Horn & Coetzee (DHC) Incorporated, there were payments made to Sisa Namandje [Incorporated]. In which respect were payment made to De Klerk, Horn and associates?” Ueitele asked.
Nghipunya responded: “[The payments] to De Klerk, Horn and associates, the beneficiary of that payment [made in 2017] is the Swapo Party congress,” he said.
When put to Nghipunya who identified Swapo as a beneficiary for ‘governmental objectives’, he pointed to former fisheries minister Bernhard Esau whose instructions came through board chairman at the time and ex-Investec Asset Management Namibia managing director James Hatuikulipi.
There were no written communications or instruction from neither Esau nor Hatuikulipi, Nghipunya added but maintained that he abided by them.
This concession left Ueitele perplexed.
“Verbal instructions for [the transfer of] N.dollars 15 million?” he queried.
Ueitele then asked Nghipunya how he effected the payments destined for the Swapo congress.
“When you transferred N.dollars 15 million, do you tell that law firm what the money is for and for whom it is?” Ueitele pressed further.
“We just tell the law firm what the money is for, not how it should be used because I don’t have that privilege,” the former Fishcor executive said.
Nghipunya’s bail hearing application continues on Wednesday.
Source: The Namibia Press Agency
