Ruling on request for further particulars in B1 City scandal in October

13 Sep 2018 16:00pm
WINDHOEK, 13 SEP (NAMPA) – The ruling in an application in which three accused business persons strongly objected to the formulation of fraud and corruption charges surrounding the B1 City property development project scandal, will be made public next month.
On 04 September 2018, former chief executive officer of the Roads Contractor Company (RCC) Kelly Nghixulifwa, 58, Hafeni Nghinamwaami, 50, and 49-year-old Anna Ndoroma refused to plead to the charges against them after they raised objections to the formulation of the charges contained in the charge sheet.
They then moved an application asking the court to issue an immediate order to compel the prosecuting authority to provide them with further particulars in which the State must explain in full detail that the RCC was indeed a public body at the commission of the alleged fraud and corruption offences.
On Thursday, High Court Judge Christie Liebenberg, after having listened to submissions by the accused’s defence lawyers and prosecution representative, said he will hand down a ruling on the application on 17 October.
In their submissions, South African Senior Counsel Vas Soni and defence lawyers Silas Kishi-Shakumu and Kadhila Amoomo argued that the charges should be re-formulated. They said their clients cannot plead to the charges as contained in the charge sheet at present because the RCC is not defined as a public body but as a State-owned enterprise.
“This application should be accepted by this court and the charges against the accused persons should be re-formulated,” said the three lawyers.
On his part, State Advocate Esekiel Iipinge said the accused’s application has no merit and should be declined by the court.
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, and their bail was extended until their next court appearance on 17 October.