Respect my privacy – Hatuikulipi
06 September 2021 | Crime
Fishrot accused James Hatuikulipi says an interim restraint order granted to Prosecutor-General (PG) Martha Imwalwa aims to strip him of his right to privacy by laying his entire estate bare in a public forum, and is set to scupper his and his co-accused’s right to a fair trial.
Hatuikulipi is one of the men involved in the controversial Fishrot bribery scandal who stand accused of plotting a dubious scheme to swindle government out of billions of dollars from fishing quota proceeds.
In an affidavit filed this week, Hatukulipi said the restraint order violates his right and capacity to acquire and own property as well as his right of disposing of his assets in a manner he deems fit.
He therefore appealed to the High Court that the decision to restrain his assets - under the Prevention of Organised Crime Act (POCA) 20 of 2004 - be reviewed and set aside.
He also asked that the PG’s implementation of this restraint order be declared unlawful, null, void and not in compliance with POCA.
Alternatively, he wants the court to order that the PG may not restrain property beyond the value of the benefit received by a defendant as stipulated in the POCA.
Weakened our resolve
The former Investec Asset Management Namibia managing director further accused Imalwa of weakening their legal resolve by reducing their financial capacity while she has access to one the best senior South African lawyers.
“I submit that in these circumstances the decision by the PG - to exercise her discretion and utilise public power emanating from statutes to obtain an order that goes far beyond the possible confiscation order that could be obtained - is reviewable,” he said.
He also stated that Imalwa is overreaching the limits of the constraint order and wants to lay claim to more than the alleged benefits - a N$3.7 million claim benefit received by the Cambadara Trust.
The PG reportedly wants to lay claim to the entire N$5 million in a Point Break Wealth Management account instead.