Samherji ‘gained’ N$547m from Fishrot

OGONE TLHAGE







WINDHOEK

Icelandic fishing company Samherji is said to have profited to the tune of N$547 million for its involvement in the Fishrot fishing scandal. This according to court papers prepared by the Office of the Prosecutor-General (PG), an affidavit filed at the Windhoek Magistrate Court shows.

The benefit stems from Samherji allegedly orchestrating a scheme to benefit from Namibia’s fishing resources, resulting in various bribes paid to former justice minister Sacky Shanghala, former fisheries minister Bernhardt Esau, former Investec CEO James Hatuikulipi, former Investec business manager Ricardo Gustavo and Hanganeni employee Pius Mwatelulo.

All five men are currently awaiting trial for their involvement in the scandal.

Samherji had illegally benefitted from the allocation of a one-metric-tonne horse mackerel quota, the affidavit read.

Million-dollar deals

“Considering the average market value of one metric tonne of horse mackerel during this period, Samherji received an unlawful benefit of at least N$547 600 000. Samherji in return, through its subsidiaries in Namibia, made payments to Namgomar Namibia under the pretence of a catching agreement.”

Meanwhile, N$38.6 million was paid to Namgomar Namibia, the affidavit read.

To derive benefit from the allocation of the quota, Samherji had to make payments to companies owned by the implicated men in question through Nangomar Namibia.

“Samherji, in order to pay further benefits resulting from the fraudulent scheme and due to its corrupt relationship with the Namibian role players, made payments to Erongo Clearing, in which Tamson Hatuikulipi holds a 100% member’s interest, concealed as ‘consultancy fees’,” the affidavit said.

“Erongo Clearing received approximately N$29 031 287.40 from Samherji and approximately N$7 905 000 from the other Namibian role players. Samherji also made payments to JTH concealed as ‘consulting fees’ in the amount of approximately N$46 789 467.40, in which Tamson Hatuikulipi holds 100% member’s interest. It also received an amount of N$7 355 000 from the other Namibian role players,” the affidavit read.

Funds received, concealed

Detailing James’ benefit, it said his entity named Greyguard was used to receive and conceal funds from Namgomar Namibia.

“Mwatelulo’s entities, Otuafika Logistics and Otuafika Investments, were also utilised to receive and conceal funds from Samherji and to distribute it to the defendants and to different entities in which the defendants have interests,” the affidavit read.

Meanwhile, Gustavo was identified as playing a role in making onward distributions to the implicated men.

“Gustavo, through Namgomar Namibia, was responsible for making the onwards distributions to the defendants and to different entities in which the defendants have interests. The total payments Samherji made to the Namibian role players in the Namgomar scheme in Namibia is approximately N$115 103 344,” it read.

Beyond borders

A total of approximately N$54.6 million was believed to have been invested in the Nangomar scheme beyond Namibian borders, the affidavit said, while the Office of the PG informed the court that large amounts of money are also believed to have been paid outside of Namibia in other ventures.

“The investigation pertaining to exact benefit is still ongoing in and the full extent of the corrupt activities, fraud, money laundering and racketeering activities is still ongoing. There are also indications that a large part of the proceeds of the defendants’ offences were received outside the jurisdiction of Namibia,” the affidavit read.

Magistrate Vanessa Stanley had in September given a final remand for investigations to be concluded by mid-December.

The Office of the PG has, however, asked for more time to wrap up investigations, saying the matter is complex.

“The applicant is therefore currently not in a position to determine the exact benefit that accrued to the defendants as a result of their unlawful activities,” it read.