Ex-RCC boss refuses to plead to fraud charges

04 Sep 2018 17:40pm
WINDHOEK, 04 SEP (NAMPA) – The former chief executive officer of the Road Contractor Company, Kelly Nghixulifwa refused to plead to the alleged fraud and corruption charges against him surrounding the B1 City property development project.
A key suspect in the case of three business people arrested in February 2014, Nghixulifwa, refused when the alleged fraud and corruption trial was scheduled to kick-off before High Court Judge Christie Liebenberg on Tuesday.
Nghixulifwa, 58, is charged in the alleged fraud case alongside business persons Hafeni Nghinamwaami, 50, and 49-year-old Anna Ndoroma.
The former RCC boss refused to plead to the charges against him after he raised strong objections to the formulation of the charges contained in the charge sheet.
He now wants the court to issue an immediate order to compel the prosecuting authority to provide him with further particulars in which the State must explain in full details that the RCC is indeed a public body and that he (Nghixulifwa) was indeed employed by the RCC as a public officer at the commission of the alleged fraud.
As a result of his refusal to plead to the charges, the commencement of the trial was then postponed until 13 September 2018 in order to allow the State representatives enough time to respond to the objections request raised by Nghixulifwa.
According to the court, Nghixulifwa's defence team is ordered to file their heads of arguments in respect of the accused’s request for further particulars on or before 07 September 2018.
The State team is ordered to file their heads of arguments in connection with Nghixulifwa's request on or before 12 September this year.
Nghixulifwa refused to plead to the charges as per instructions he gave his privately-instructed South African defence lawyer, Vas Soni.
The three accused face eight main charges including corruption, fraud, theft and money laundering.
These charges stem from the RCC’s involvement in the B1 City property development project opposite the Katutura State Hospital during 2005 and 2006.
RCC started this in joint venture with /Ae //Gams Engineering.
It is alleged that Nghixulifwa was a shareholder in /Ae //Gams Engineering and Cradle Investments but apparently concealed his stake in the two companies by having his shares held in Ndoroma’s name.
While still CEO, Nghixulifwa allegedly claimed payment from the parastatal and another construction company for the role Cradle Investments supposedly played in the construction of the RCC head office.
The RCC Board of Directors was allegedly also kept in the dark about Nghixulifwa’s involvement in the companies.
All three are free on bail of N.dollars 60 000.
State Advocates Esegiel Iipinge and Jackson Kuutondokwa are defending the prosecution.
Ondangwa-based defence lawyer Silas Kishi-Shakumu is appearing for Ndoroma.
Windhoek-based defence lawyer Kadhila Amoomo is defending Nghinamwaami.