Ex- ?Kharas CRO found guilty of corruption
PG successfully appeals 2006 case
After more than a decade of legal wrangling, former Karas Regional Council Chief Regional Officer Salmaan Jacobs was on Friday found guilty of corruption by the High Court, overturning his earlier acquittal in the Keetmanshoop Regional Court.
The ruling, delivered by Acting Judge du Plessis with Judge Naomi Shivute concurring, marks a significant victory for the Office of the Prosecutor-General, which successfully appealed the 2014 acquittal. The court found that Jacobs, who is currently chairperson of the Public Service Commission (PSC) and a deputy director in the international relations ministry, abused his position to benefit Sadadi Enterprises CC, a close corporation he jointly owned with his wife, Annarine Jacobs.
According to court documents, the case dates back to 2006, when Jacobs – then the most senior administrative official of the Karas Regional Council – authorised the transfer of N$30 000 to Sadadi Enterprises under the guise of funding a community vegetable garden project at Berseba.
The proposal, allegedly submitted on behalf of Jacobs’s nephew, Marius Jacobs, was said to be part of the council’s community upliftment initiative funded through 5% of levies collected from local towns and villages.
However, investigations by the Anti-Corruption Commission (ACC) later revealed that the garden was never established. Instead, the money was paid into Sadadi’s account and partially used by Jacobs to settle arrears on his private vehicle loan.
While Jacobs claimed the project was legitimate and that the funds were later replenished, the High Court found no evidence to support this assertion. Bank statements showed that Sadadi’s account had been largely dormant, with no meaningful deposits beyond the N$30 000 from the council.
Court finds misdirection
In his judgment, Du Plessis said the magistrate who presided over the initial trial had misdirected himself on key facts, including incorrectly stating that minutes of the relevant council meeting had not been presented as evidence.
“This was a pivotal misdirection,” the judge ruled. “The minutes clearly demonstrated that the Berseba garden project was never discussed or approved by the Karas Regional Council, contrary to the accused’s version.”
The court further found that Jacobs deliberately failed to declare his interest in Sadadi Enterprises, despite being required to do so under the council’s human resources policy.
“It is difficult to see how the failure of the accused to disclose his interest in Sadadi was not deliberate,” the judgment stated. “The only inference that can be drawn from his actions is that he acted dishonestly and for personal gain.”
Guilty on one count, acquitted on another
Jacobs had initially faced five counts under Section 43(1) of the Anti-Corruption Act, 2003, but was acquitted on all charges in 2014. The State appealed only two of those counts.
The High Court upheld the acquittal on the second charge, which related to a catering tender awarded to his wife’s company for the official opening of the Warmbad Hot Springs project in 2006.
In that instance, the court found that Jacobs had distanced himself from the tender process and only authorised the final payment after the services were satisfactorily rendered.
“If the accused had not authorised the final payment, somebody else would have,” the court observed, adding that there was no evidence that Jacobs influenced the awarding of the tender.
However, the judges unanimously ruled that Jacobs’s conduct in the Berseba garden project met all the definitional requirements of corruption under Section 43(1) of the Anti-Corruption Act.
‘Corrupt and dishonest’
Citing the Supreme Court’s decision in S v Goabab, the High Court reiterated that corruption includes any abuse of public office for personal gain, even without direct bribery or misappropriation.
“Jacobs, as the accounting officer and administrative head of the Karas Regional Council, knew full well that the project was never approved,” the court held. “He nevertheless instructed his subordinate to authorise payment to a company owned by himself and his wife. His actions were corrupt within the meaning of the Act.”
The judges concluded that the State had proven beyond reasonable doubt that Jacobs personally benefited from the N$30 000 transfer, at least to the extent of the N$4 500 used to pay off his car instalments.
Sentencing next
The High Court has remitted the matter to the Keetmanshoop Regional Court for sentencing under Section 275 of the Criminal Procedure Act, ordering Jacobs to report himself to the regional court prosecutor by 21 November 2025.
Jacobs was represented by Isaak Vogel of Dr Weder, Kauta & Hoveka Inc, while the State was represented by B. Lilungwe from the Office of the Prosecutor-General.
Conviction under this section carries a potential fine of up to N$500 000 or imprisonment not exceeding 25 years.
The ruling, delivered by Acting Judge du Plessis with Judge Naomi Shivute concurring, marks a significant victory for the Office of the Prosecutor-General, which successfully appealed the 2014 acquittal. The court found that Jacobs, who is currently chairperson of the Public Service Commission (PSC) and a deputy director in the international relations ministry, abused his position to benefit Sadadi Enterprises CC, a close corporation he jointly owned with his wife, Annarine Jacobs.
According to court documents, the case dates back to 2006, when Jacobs – then the most senior administrative official of the Karas Regional Council – authorised the transfer of N$30 000 to Sadadi Enterprises under the guise of funding a community vegetable garden project at Berseba.
The proposal, allegedly submitted on behalf of Jacobs’s nephew, Marius Jacobs, was said to be part of the council’s community upliftment initiative funded through 5% of levies collected from local towns and villages.
However, investigations by the Anti-Corruption Commission (ACC) later revealed that the garden was never established. Instead, the money was paid into Sadadi’s account and partially used by Jacobs to settle arrears on his private vehicle loan.
While Jacobs claimed the project was legitimate and that the funds were later replenished, the High Court found no evidence to support this assertion. Bank statements showed that Sadadi’s account had been largely dormant, with no meaningful deposits beyond the N$30 000 from the council.
Court finds misdirection
In his judgment, Du Plessis said the magistrate who presided over the initial trial had misdirected himself on key facts, including incorrectly stating that minutes of the relevant council meeting had not been presented as evidence.
“This was a pivotal misdirection,” the judge ruled. “The minutes clearly demonstrated that the Berseba garden project was never discussed or approved by the Karas Regional Council, contrary to the accused’s version.”
The court further found that Jacobs deliberately failed to declare his interest in Sadadi Enterprises, despite being required to do so under the council’s human resources policy.
“It is difficult to see how the failure of the accused to disclose his interest in Sadadi was not deliberate,” the judgment stated. “The only inference that can be drawn from his actions is that he acted dishonestly and for personal gain.”
Guilty on one count, acquitted on another
Jacobs had initially faced five counts under Section 43(1) of the Anti-Corruption Act, 2003, but was acquitted on all charges in 2014. The State appealed only two of those counts.
The High Court upheld the acquittal on the second charge, which related to a catering tender awarded to his wife’s company for the official opening of the Warmbad Hot Springs project in 2006.
In that instance, the court found that Jacobs had distanced himself from the tender process and only authorised the final payment after the services were satisfactorily rendered.
“If the accused had not authorised the final payment, somebody else would have,” the court observed, adding that there was no evidence that Jacobs influenced the awarding of the tender.
However, the judges unanimously ruled that Jacobs’s conduct in the Berseba garden project met all the definitional requirements of corruption under Section 43(1) of the Anti-Corruption Act.
‘Corrupt and dishonest’
Citing the Supreme Court’s decision in S v Goabab, the High Court reiterated that corruption includes any abuse of public office for personal gain, even without direct bribery or misappropriation.
“Jacobs, as the accounting officer and administrative head of the Karas Regional Council, knew full well that the project was never approved,” the court held. “He nevertheless instructed his subordinate to authorise payment to a company owned by himself and his wife. His actions were corrupt within the meaning of the Act.”
The judges concluded that the State had proven beyond reasonable doubt that Jacobs personally benefited from the N$30 000 transfer, at least to the extent of the N$4 500 used to pay off his car instalments.
Sentencing next
The High Court has remitted the matter to the Keetmanshoop Regional Court for sentencing under Section 275 of the Criminal Procedure Act, ordering Jacobs to report himself to the regional court prosecutor by 21 November 2025.
Jacobs was represented by Isaak Vogel of Dr Weder, Kauta & Hoveka Inc, while the State was represented by B. Lilungwe from the Office of the Prosecutor-General.
Conviction under this section carries a potential fine of up to N$500 000 or imprisonment not exceeding 25 years.
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