The ACC investigator, Willem Olivier, who was called by the state to testify in the bail hearing of former fisheries minister, Bernard Esau and his son-in-law, Tamson ‘Fitty’ Hatuikulipi, is back on the stand. He is testifying on the appointment of Mike Nghipunya.

Nghipunya was in 2014 appointed as acting CEO of Fishcor. He at the time had a junior position in the fisheries ministry, level Grade 8.

“Our investigations revealed that the CEO position was in fact not advertised,” said Olivier.

“It is appalling that Mike, a low ranking official, was seconded in such a high position, the Chief Executive Officer. His appointment was not duly done according to the provisions of the Fishcor Act, and the State Owned Enterprises Act,” Olivier continued.

“The Fishcor Act makes provision that there should be 8 board members appointed, and how they should be selected and appointed. We have established that at the time the letter of appointment was made, Esau had already appointed James Hatuikulipi to be the board Chairperson.”

“We have established that Bernard Esau also benefited. He owns a property he didn't mention in his declaration. In Otjiwarongo, plot 51. My colleague can testify about the payment made towards that plot that he owns,” said Olivier.

“We have established that Esau has extended the dwelling (his farm). It’s is very huge. We've established that the builders he used in order to extend the farm were paid in cash. For just the one that we have consulted, a cash payment in access of N$600 000 was paid.”

“Theres also other contractors doing other jobs there. We've also established that purchases of the material, according to the builder, were done cash at shops here in Windhoek, mainly by the wife of Benard Esau,” said Olivier.

“Tamson’s bank accounts also reflected withdrawals in huge amounts. The witness has also indicated that monies paid to the entity of Tamson, the JTH and Erongo and others, were to be used for their own benefit.”

The plot in Otjiwarongo is a close corporation, namely Otjiwarongo Plot 51 cc.

The plot was bought with money meant for governmental objectives.

The owners are, Suama Esau, his wife who owns 50% and Bernard Esau, with the other 50%.

A letter from the fisheries ministry dated April 2010 Indicates that Mike Nghipunya was an Economist, grade 8. Minister of fisheries nominated Mike Nghipunya for the CEO position.”

“The ACC has carried out a search at Shanghala’s house after an attempt by Nigel van Wyk on 14 December 2019 to remove items from the house. Part of these items that Nigel van Wyk wanted to remove were documents relating to agreements between Hanganeni and Namsov.”

Hanganeni, owned by Shanghala, wanted to acquire shareholding in Namsov. It appears that Hanganeni, at the time owned by Shanghala, had contracts and agreements between parties. James Hatuikulipi and Shanghala wanted to acquire shares in Namsov.

“They could do so if additional quotas were awarded in order to get shareholding. Meaning Namsov could acquire quotas. It was prior to 2012, and was as early as 2006 and 2008. That’s when Shanghala and James Hatuikulipi had ventured into this fishing industry.”

“I just wanted to bring this to the attention of the court. I'm not sure it has any bearing. Our evidence has revealed that we have not established the full content to indeed find out if they actually acquired the shares in Namsov,” said Olivier.

“There is 63 million USD in a bank account in Kazakhstan. This is more than a billion Namibian dollars. Link by De Klerk, the lawyer. We are conducting further investigations into this. I want to say there is a likelihood of abscondment.”

“From the bank account of DHC, the law firm, a certain amount perhaps more than 2 or 3 million was also used for investment. These monies were used to invest in a project, a business between the parties.”

Willem Olivier continues: “We have established that cash was not paid by these entities to inland revenue. There are statements from the inland revenue regarding personal returns, but I am not 100% sure of the payment returns of the accused and the others.”

Regarding the Namgomar Pesca deal:

“From our investigations, we've determined that the bilateral agreement was organised and signed by officials - ministers in this regard - although there were no government officials on these visits and meetings on behalf of the government.”

“They negotiated in bad faith for themselves in these bilateral agreements. They coerced change in legislation for Fishcor to be a designated entity in order to satisfy their own interests, businesses and the law firms alluded to before.”

“They conspired, used money derived from corrupt activity, vehicles and properties they use.
They used companies, quota agreements and laundered money to foreign destination, such as Tundavala.”

Regarding the tax evasion charges:

“They made misrepresentations to the government and the nation in coming up with the bilateral agreement for their own benefit. They have also not paid taxes due, as if it would benefit government. They are also charged with conspiring.”

“We have found that there has already been interference from the others charged along with the two.
James offered to pay ACC officials in order to gain access to bank cards.
Shanghala asked Nigel to remove evidence from his house.”

“Esau had cattle which he intended to sell at an auction and it was reported to us due to our investigations. The cattle that he purchased also derives from corrupt activity. The ACC also has interest in the cattle he wanted to sell.”

“We have not finalised our investigations. Interference cannot be tolerated. Them being released on bail would mean they could interfere. The said cattle were on another farm, not on his farm. He was renting that farm also in the Gobabis area.”

“The cattle were taken there around October 2018, when he started renting that farm. More than 300 or 400 cattle.The sale was intended for recently, between April, May and June this year.”

Olivier testifying on Tamson Hatuikulipi:

“He purchased properties in his name, derived from corrupt activities. He also has vehicles.
He too is not a candidate for bail because he may interfere. He has bank accounts in the names of entities.”

“This is by far the biggest case in Namibia. Committed by ministers and board members. They used an advanced schemes under bilateral agreements portraying to the nation that it is for the benefit of the government. Travelled on government expense.”

“There is a big public outcry in this case. There has been demonstrations. People even demonstrated at the ACC office, demonstrated in Walvis Bay and also as far as Iceland. The fishing industry and persons lost their jobs. Some committed suicide.”

“The public wants justice in this case. There is definitely public interest. The monies that Fishcor lost because of this scheme and the M$75 million and other money could have been used by government or public to, for example, fund drought relief programs and feeding schemes.”

“The money could also have been used for cheaper fish to the nation for consumption. It was not done and therefore there was a loss,” said Olivier.

Olivier will now be cross examined by Defense lawyer, Richard Metcalfe.

The number of investigators on the case: 3 lead investigators, analysts, and other investigators helping out as well, close to 10.

Metcalfe presents to court a warrant containing 17 investigators.

Metcalfe puts it to Olivier that there are about 30 000 Wikileaks documents.

He says Esau has not been copied into any of these documents. Says he is not in any single one of those Wikileaks.

Olivier tells the court he has consulted Sisa Namandje and a statement was taken. He says Namandje’s statement is not complete and not enough information is on his statement.

Metcalfe grills Olivier about the ACC’s inability, 7 months later, to get a statement from Sisa Namandje

Metcalfe also questions if the ACC has taken a statement from lawyer Maren de KLerk, to which Olivier responds yes, that they have.

"I put it to you that you said 63 million USD sits in an account in Kazakhstan. You tell the court that the accused may benefit from this.
You speculated. That is all that you have, from all the accounts you have given to us," Metcalfe argues.

Metcalfe questions why de Klerk was not arrested, to which Olivier responded that the ACC had not at the time when de Klerk absconded began with investigations into de Klerk’s law firm.

Metcalfe warns Olivier to be very careful about what he says because it could be used against him, warning that he could be prosecuted for perjury.

"Sir, what you are doing is you are administering selective justice. No warrant of arrest for de Klerk. Why haven't you even bothered to get an affidavit? His lawyers even came to Windhoek to meet the ACC. It is selective justice,” said Metcalfe.

“Nothing was done to him. You didn't bother to arrest him like you did with the others," Metcalfe tells Olivier.

Metcalfe questions if a warrant has also been issued for whistle-blower Johaness Stefanson from Iceland, who he says is one of the chief protagonists of these crimes.

Metcalfe also questions the involvement of a lawyer from Walvis Bay, who he says assisted with legal advice in the alleged crimes.

Olivier responds that coronavirus prevented the ACC from getting the lawyer’s statement.

"Do not say the ACC did nothing,” Olivier says.

Metcalfe: “I put it to you, I am from the coast myself. You have been investigating since 2014. By the way, you also have an ACC agency in Swakopmund. Why are you not using that office? Coronavirus is not hindering investigations then.

Another lawyer, from Ellis Shilengudwa Inc, is also cited, but a statement has not been taken from him. Two other lawyers have also been mentioned in the Wikileaks, the defense lawyer puts it to Olivier.

Metcalfe questions if statements were taken.

Metcalfe questions if Sharon Neumbo, James Hatuikulipi’s ex girlfriend, has also given a statement, to which Olivier responds yes and added that statements were also taken from the board of directors of Fishcor.