The N$4.8 million fraud case involving the former chief executive officer of the Roads Contractor Company (RCC) Kelly Nghixulifwa started last week with one of the accused withdrawing an application against the prosecutor-general.
Nghixulifwa, 56, and his co-accused Anna Ndoroma, 51, and Hafeni Nginamwaami, 48, are at the centre of the alleged N$4.87 million fraud to buy land in October 2005.
Ndoroma, who is charged with one count of fraud, alternatively theft or conspiring to commit corruption, informed Judge Christie Liebenberg through her attorney, Silas-Kishi Shakumu, that she wished to withdraw the application that would institute a constitutional challenge against the prosecutor-general for the charges she faces.
However, no reasons were given why there was such a change of heart.
Ndoroma’s application was prompted by the prosecutor-general’s decision to withdraw all charges against 41-year-old David Ndeshipanda Imbili last year who was to stand trial together with Nghixulifwa, Ndoroma and Nginamwaami.
According to the indictment of the prosecutor-general, Nghixulifwa used his position at the RCC and bought a piece of land in Windhoek for N$4.87 million where the B1 City development was to take place.
Nghixulifwa acquired the plot on behalf of /Ae //Gams Engineering by allegedly using RCC funds and a credit facility. Nghixulifwa allegedly also defrauded the RCC by giving a false impression that a mortgage bond of N$4.87 million had been registered over the B1 City property in the RCC’s favour.
Nghixulifwa is furthermore alleged to have been a hidden shareholder in /Ae //Gams Engineering, with his shares held in Ndoroma’s name.
Nghinamwaami is also said to be a shareholder in the company.
The state alleges that Nghixulifwa in 2004 defrauded Murray & Roberts construction company and the RCC by swaying the two companies to pay a facilitation fee of N$150 000 to Cradle Investments for the part they played in the construction of the RCC’s new head offices.
Nghixulifwa did not disclose he was a shareholder in Cradle Investments, as he did with /Ae //Gams Engineering.
Nghixulifwa allegedly further used his office and position as CEO in facilitating the transfer of N$29 954 from RCC to Cradle Investments and N$92 730 for home loan arrears of an RCC employee, Brian Nalisa.
Nghixulifwa now stands trial on 10 charges ranging from fraud to corruptly using an office or position for gratification, while his co-accused are facing four charges each. The matter will be back in court on 31 May.