The trial in which the former CEO of the Roads Contractor Company (RCC), Kelly Nghixulifwa and three other business personalities are accused of fraud and contravening the Anti-Corruption Act was delayed after a legal challenge Monday.
The trial was scheduled to start on Monday but was delayed due to a Constitutional challenge by one of the accused. At the heart of the case is a loan of N$4.8 million that Nghixulifwa allegedly secured for Ae//Gams Engineering to purchase Erf 10485 along Independence Avenue without declaring his interest in the company. Local lawyer Sisa Namandje this week lodged an objection to count 5 in the indictment, which deals with the contravention of the Anti-Corruption Act and with using, holding, receiving or concealing gratification in relation to an offence, alternatively using property obtained from gratification on the B1 City project.
Namandje also lodged an application to compel the State to furnish further and better particulars on the charges his client, David Ndeshipanda Imbili (42), faces. Judge Christi Liebenberg ordered that the application for further particulars be heard on October 1.
Namandje further lodged a Constitutional challenge to Section 45 (a)(b) of the Anti-Corruption Act, which reads as follows: “A person commits an offence who, directly or indirectly, whether on behalf of himself or herself or on behalf of any other person (a) enters into, or causes to be entered into, any dealing in relation to any property; or (b) uses or causes to be used, or receives, holds, controls or conceals any property or any part thereof, which was obtained as gratification, or derived from the proceeds of any gratification obtained, in the commission of an offence under this chapter.
(2) For the purposes of subsection (1), “dealing” includes – (a) any purchase, sale, loan, charge, mortgage, lien, pledge, transfer, delivery, assignment, subrogation, transmission, gift, trust, settlement, deposit, withdrawal, transfer between accounts or extension of credit; (b) any agency or grant of power of attorney; or (c) any act which results in any right, interest, title or privilege, whether present or future or whether vested or contingent, in the whole or in part of any property being conferred on any person.”
In respect of the Constitutional challenge the judge ordered that the Registrar must serve the order, together with Imbili’s Notice of Objection to count 5 and the State’s response thereto through the office of the Government Attorney on the Minister of Justice, the Attorney General, the Anti-Corruption Commission and/or its Director General, as interested parties on or before September 25.
The interested parties are to inform the court on or before September 30 whether they will oppose the application and must be in attendance on October 1 to indicate whether they will be joining the application.
Nghixulifwa, (57), who resigned after the ambitious supposed plan to construct B1 City opposite Katutura went belly-up, is facing 10 charges of fraud and contravening the Anti-Corruption Act with his business friends, Anna Ndoroma 51, (four counts) 48-year old Hafeni Nginamwaami (four counts) and Imbili (two counts).
Nghixulifwa is represented by Advocate Louis Botes, Ndoroma by Silas-Kishi Shakumu and Nginamwaami by Lourens Campher. State Advocate Jack Eixab is prosecuting.