Shanghala opens corruption case against ACC

Trial-awaiting former justice minister Sacky Shanghala has opened a criminal case against the Anti-Corruption Commission (ACC) and several of its top officials, accusing them of unlawfully granting immunity from prosecution to Icelandic whistleblower Jóhannes Stefánsson - an action he says only a court can authorise.Shanghala’s case, filed with the Namibian Police on 30 May, names ACC director general Paulus Noa, his deputy Erna van der Merwe, investigator Andreas Kanyangela, and several other officials.Stefánsson, the ACC’s key witness in the high-profile Fishrot corruption case, exposed the alleged diversion of fishing quotas in exchange for bribes, which led to the arrest of Shanghala, former fisheries minister Bernard Esau, and eight others between 2019 and 2020. They are accused of benefitting from over N$300 million from the scandal.Although Stefánsson has admitted his involvement in the scandal, it is understood that he reached a deal with ACC to cooperate in exchange for immunity—a deal that Shanghala now challenges as unlawful.‘Only a court can decide’Shanghala, a trained lawyer, argues that Stefánsson does not qualify for immunity under Namibia’s Anti-Corruption Act, as the ACC cannot unilaterally offer protection from prosecution to someone who actively participated in the crimes being investigated.He cited Stefánsson’s own statement, in which the whistleblower allegedly wrote:“I was assured that I am assisting the Anti-Corruption Commission in their investigations into this matter and that as a result of that I am afforded the protection offered in terms of section 52(4) of the Anti-Corruption Act, Act No. 8 of 2003, which deals with the protection of informers and information.”Stefánsson reportedly continued:“I was a party to such corrupt practices and will be incriminating myself in revealing this information to the Anti-Corruption Commission.”Section 52(4) of the Act protects informers and those who assist the ACC from civil, criminal, or disciplinary proceedings - provided the information they give is not knowingly false. However, Shanghala argues that this section was never intended to shield known participants in crimes, especially those expected to testify in court.A witness, not a protected informer“Section 52(4) refers to someone whose identity is unknown to the accused and who will not be called as a witness,” Shanghala stated in his police filing. “Stefánsson is the exact opposite: he is known and is expected - albeit subtly - to testify.”According to Shanghala, Stefánsson can only receive immunity if the prosecutor general formally applies to the court for such a ruling, and the court agrees.“It is therefore clear that the section does not contemplate any action - let alone assurances - to be given by the ACC in favour of a known witness,” he said.Trial loomsLegal observers say Shanghala’s move is a strategic attempt to undermine Stefánsson’s credibility and possibly block his testimony, given the whistleblower’s intimate knowledge of the Fishrot scheme.The trial is scheduled to begin on 4 August 2025.The Fishrot scandal remains Namibia’s most high-profile corruption case, involving the Icelandic fishing giant Samherji, whose former local representative, Stefánsson, blew the whistle on the alleged collusion between company executives and senior Namibian officials.The ACC Director General, Paulus Noa, told the Namibian Sun yesterday that he was not aware of the case."I have seen anything yet. I don't know what the statement says," Noa said, adding that in any case, the investigator does not decide who to prosecute or not.

Shanghala opens corruption case against ACC

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Namibian Sun 2025-10-09

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Shanghala opens corruption case against ACC

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Namibian Sun 2025-10-09

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