Komatsu fraud trio seek Supreme Court appeal

Three people convicted in the N$4.4 million Komatsu fraud case are seeking leave to appeal their convictions and sentences.The trio argue that investigators unlawfully obtained their bank records and that the trial court misdirected itself in assessing the evidence.Former Komatsu Namibia accountant Tulihaleni Nghihalwa, her brother Tulihafeni Nghihalwa Nghihalwa (28) and their cousin Johanna Jona (32) are asking the High Court to allow them to appeal their convictions and sentences at the Supreme Court.In July, acting judge Petrus Unengu sentenced Tulihaleni (38) to 12 years’ imprisonment and fined her N$20 000 for her role in the fraud scheme that targeted her employer, mining equipment supplier Komatsu.The scheme involved fraudulent invoices, fictitious suppliers and the transfer of company funds into a network of personal bank accounts. The case centred on 75 fraudulent transactions processed between January 2014 and May 2016 while Tulihaleni was employed as an accountant at Komatsu’s Swakopmund branch.Oral submissions in support of the application for leave to appeal to the Supreme Court were made by their lawyer Mbanga Siyomunji last week.Alleged flawsThe trio say investigating police officer Ebson Gariseb obtained their confidential banking information using notices issued under section 179 of the Criminal Procedure Act instead of obtaining search warrants.This, they argue, violated their constitutional right to privacy under Article 13 of the Namibian Constitution.They are also disputing the evidence surrounding the 75 transactions at the centre of the case, arguing that the payments were verified, approved and released through Komatsu’s payment procedures in South Africa.Tulihaleni maintains in her appeal documents that she initiated payment requests but did not approve or release the funds herself, arguing that the trial court failed to adequately consider the company’s internal payment controls.The other two argue that there was insufficient evidence to prove that they knowingly participated in money laundering. This is despite Tulihaleni having testified that she used their bank accounts herself and that they were not part of the scheme.Unengu also fined Tulihafeni, a student at the Namibia Institute of Technology, N$20 000.Jona was sentenced to five years’ imprisonment and fined N$20 000.rita@nmh-hub.com.na

Komatsu fraud trio seek Supreme Court appeal

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Namibian Sun 2026-11-02

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Komatsu fraud trio seek Supreme Court appeal

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Namibian Sun 2026-11-02

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