ACC pursues govt over Fishcor payments
The anti-graft agency is unrepentant in how it is pursuing investigations into Fishcor, saying more people will be asked to explain any payment they received from the embattled SOE.
The Anti-Corruption Commission (ACC) says it will ask Secretary to Cabinet, George Simataa, to give a full statement under oath explaining how Fishcor was made to make payments related to the 2018 national land conference.
Simataa must also provide proof of how Fishcor was made to make the controversial payments, ACC director-general Paulus Noa told Namibian Sun yesterday.
He said the ACC's investigation into Fishcor goes beyond just South African lawyer Tembeka Ngcukaitobi, who was asked last week to provide the ACC with a statement explaining a N$50 000 payment he received from Fishcor in 2018.
Reacting to the ACC's demand for answers from the South African advocate, Simataa issued a statement last week in which he explained that the payment from Fishcor was for a presentation Ngcukaitobi made at the land conference.
“For the sake of convenience, it was agreed that state-owned companies should provide their assistance directly to the conference, the payment of service providers and individuals that will deliver their services to the land conference,” Simataa said.
Simataa apologised to Ngcukaitobi and his family for being asked to explain the transaction.
Noa said yesterday: “From our side we will also approach the Secretary to Cabinet, Dr George Simataa, to give us a full statement under oath to explain as well as provide proof over permissions granted related to Fishcor payments.
“This is not only limited to advocate Tembeka but any other persons.”
“Government officials should be able to tell us, this is a very serious investigation,” Noa said.
Ngcukaitobi is representing former fisheries minister Bernhardt Esau, former justice minister Sakeus Shanghala, suspended Investec manager Ricardo Gustavo, Hanganeni employee Pius Mwatelulo and Esau's son-in-law Tamson Hatuikulipi's in their bid to have the warrants of arrests that led to their arrests at the end of November last year declared unlawful.
The six are currently remanded in custody and face charges related to contravening sections of the Prevention of Organised Crime Act (Poca).
An amount of N$75.6 million is alleged to have been diverted from Fishcor under false pretences to benefit the arrested men.
“Now that Fishcor is under investigation, it is our business to know what type of payments were made,” Noa said.
According to him, other individuals would also have to explain themselves in terms of payments they may have received from Fishcor, as was the case with Ngcukaitobi.
According to Noa it was not for Ngcukaitobi or Simataa to know from the onset that Fishcor would come under investigation for alleged corrupt practices, but now that it was under investigation, the onus rested on the ACC to investigate payments made by the embattled entity.
Noa added that Ngcukaitobi expressed his willingness to issue a response to the summons, but had to travel back to South Africa on the same day it was issued.
“He will issue it at a later date. My understanding is that he did not have a problem,” said Noa.
The summons drew the ire of the Southern African Development Community Lawyers Association, who said the ACC's actions were tantamount to an abuse of power.
“This is extraordinary and can only be viewed as an attempt to intimidate and prevent advocate Ngcukaitobi from doing his work as a legal representative.”
According to the association, the result would be an immediate conflict of interest that would bar Ngcukaitobi from representing the six accused in the Fishrot investigation.
“Seeking to link advocate Ngcukaitobi to the activities of his client is not acceptable and will make it very difficult for lawyers within and from outside Namibia to take up sensitive cases like the one advocate Ngcukaitobi has undertaken,” the association said.
Simataa last week apologised to Ngcukaitobi and said the money had been paid to him for delivering an opinion paper at the land conference. According to him, public entities had been asked to contribute to the land conference and Fishcor was one of the entities that had contributed.
OGONE TLHAGE
Simataa must also provide proof of how Fishcor was made to make the controversial payments, ACC director-general Paulus Noa told Namibian Sun yesterday.
He said the ACC's investigation into Fishcor goes beyond just South African lawyer Tembeka Ngcukaitobi, who was asked last week to provide the ACC with a statement explaining a N$50 000 payment he received from Fishcor in 2018.
Reacting to the ACC's demand for answers from the South African advocate, Simataa issued a statement last week in which he explained that the payment from Fishcor was for a presentation Ngcukaitobi made at the land conference.
“For the sake of convenience, it was agreed that state-owned companies should provide their assistance directly to the conference, the payment of service providers and individuals that will deliver their services to the land conference,” Simataa said.
Simataa apologised to Ngcukaitobi and his family for being asked to explain the transaction.
Noa said yesterday: “From our side we will also approach the Secretary to Cabinet, Dr George Simataa, to give us a full statement under oath to explain as well as provide proof over permissions granted related to Fishcor payments.
“This is not only limited to advocate Tembeka but any other persons.”
“Government officials should be able to tell us, this is a very serious investigation,” Noa said.
Ngcukaitobi is representing former fisheries minister Bernhardt Esau, former justice minister Sakeus Shanghala, suspended Investec manager Ricardo Gustavo, Hanganeni employee Pius Mwatelulo and Esau's son-in-law Tamson Hatuikulipi's in their bid to have the warrants of arrests that led to their arrests at the end of November last year declared unlawful.
The six are currently remanded in custody and face charges related to contravening sections of the Prevention of Organised Crime Act (Poca).
An amount of N$75.6 million is alleged to have been diverted from Fishcor under false pretences to benefit the arrested men.
“Now that Fishcor is under investigation, it is our business to know what type of payments were made,” Noa said.
According to him, other individuals would also have to explain themselves in terms of payments they may have received from Fishcor, as was the case with Ngcukaitobi.
According to Noa it was not for Ngcukaitobi or Simataa to know from the onset that Fishcor would come under investigation for alleged corrupt practices, but now that it was under investigation, the onus rested on the ACC to investigate payments made by the embattled entity.
Noa added that Ngcukaitobi expressed his willingness to issue a response to the summons, but had to travel back to South Africa on the same day it was issued.
“He will issue it at a later date. My understanding is that he did not have a problem,” said Noa.
The summons drew the ire of the Southern African Development Community Lawyers Association, who said the ACC's actions were tantamount to an abuse of power.
“This is extraordinary and can only be viewed as an attempt to intimidate and prevent advocate Ngcukaitobi from doing his work as a legal representative.”
According to the association, the result would be an immediate conflict of interest that would bar Ngcukaitobi from representing the six accused in the Fishrot investigation.
“Seeking to link advocate Ngcukaitobi to the activities of his client is not acceptable and will make it very difficult for lawyers within and from outside Namibia to take up sensitive cases like the one advocate Ngcukaitobi has undertaken,” the association said.
Simataa last week apologised to Ngcukaitobi and said the money had been paid to him for delivering an opinion paper at the land conference. According to him, public entities had been asked to contribute to the land conference and Fishcor was one of the entities that had contributed.
OGONE TLHAGE
Comments
Namibian Sun
No comments have been left on this article