The criminal trial of former CEO of the Roads Contractor Company (RCC) Kelly Nghixulifwa and three other business personalities for alleged fraud and contravening the Anti-Corruption Act was on Friday postponed to March 23 next year.
Nghixulifwa, 57, who resigned after the ambitious supposed construction of B1 City opposite the Katutura State Hospital went belly-up, are 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 42-year-old David Ndeshipanda Imbili who faces two counts.
At the centre of the matter is a loan of N$4.8-million that Nghixulifwa allegedly secured for Ae//Gams Engineering to purchase Erf 10485 in Independence Avenue without declaring his interest in the company.
The postponement was necessitated by a constitutional challenge lodged by one of the accused, which will be heard separately as a civil matter.
Lawyer Sisa Namandje lodged an objection to count 5 in the indictment which deals with the contravention of 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 on behalf of Imbili.
He further lodged a constitutional challenge to Section 45 (a)(b) of the Anti-Corruption Act saying it is too vague and does not specify offences.
The State through the office of the attorney-general failed to file opposing affidavits in time and applied for an extension.
According to the attorney-general’s office the various parties involved did not have a chance to come together to finalise the affidavit. They asked for the court’s indulgence and indicated that they would file an application for condonation in due course.
Judge Liebenberg postponed the matter to February 24 next year for the condonation hearing.
In the meantime, an application to compel the State to furnish further and better particulars on the charges Imbili faces was dismissed.
In the ruling Judge Christi Liebenberg stated that he came to the conclusion that Imbili has “duly been supplied of such particulars as the State is capable of furnishing and which reasonably and fairly informs the accused of the case he and his co-accused have to meet”.
He further said that he is satisfied that adequate information has been provided to Imbili to prepare his defence and that the information sought is not needed to answer to the charge.
Imbili wanted the court to compel the State to provide exact dates on which the alleged offences were committed.
Nghixulifwa is represented by Advocate Louis Botes, Ndoroma by Silas-Kishi Shakumu and Nginamwaami by Lourens Camphe, while State Advocate Jack Eixab is prosecuting.