PRESIDENT Nangolo Mbumba has declined to comment on allegations that he is being pressured to pardon the Fishrot-accused suspects before his retirement.
Mbumba has two days left before leaving office on 21 March, when his successor, Netumbo Ndandi-Ndaitwah takes over as the country’s fifth president and first woman president.
An American-based social justice and good governance activist and retired lawyer, Richard Messick, has now accused Mbumba of being pressured to absolve the 10 men awaiting trial in the Fishrot fraud, corruption and racketeering saga.
The accused are former justice minister Sacky Shanghala, former minister of fisheries and marine resources Bernhard Esau, his son-in-law, Tamson ‘Fitty’ Hatuikulipi, former Investec Namibia Asset Management (now Ninety One) chief executive James Hatuikulipi, and Ricardo Gustavo, who served as Investec Asset Management’s client director.
Former National Fishing Corporation of Namibia (Fishcor) chief executive Mike Nghipunya, Otneel Shuudifonya, Phillipus Mwapopi, Pius Mwatelulo and Nigel van Wyk are all listed as accused in the mega corruption case.
The 10 stand accused of helping Icelandic fishing giant Samherji Group gain access to Namibian fishing quotas supposedly earmarked for “governmental objectives”.
Messick published the allegation about Mbumba in his The Global Anticorruption Blog last week.
He wrote that Mbumba is facing pressure from within Swapo to pardon the 10 men facing 42 charges ranging from fraud, corruption, and racketeering to money laundering.
Messick’s interest in or association with Namibia could not be established, but it is believed he had recently conducted a study in Namibia. Several online profiles describe him as a consultant for international organisations, development agencies, and non-governmental organisations on legal development.
“The trial could well put on display more of the party’s dirty laundry. Hence the reason why some in the party’s inner circle are pressuring president Nangolo to pardon the crooks,” the blog reads.
Messick says Swapo functionaries are arguing that a pardon would allow incoming president Netumbo Nandi-Ndaitwah to follow through on needed reforms without the distraction of the Fishrot case.
He further alleges that Mbumba will be able to take the blame for the pardon, since he is headed for retirement in any case.
“The truth is the inner circle’s real motive is nakedly self-serving,” Messick says, adding that many Swapo functionaries fear that Nandi-Ndaitwah will not shield any of her comrades who may have been involved or may have been beneficiaries of the Fishrot scandal, but have not been prosecuted yet or have not had their assets frozen like the 10 currently awaiting trial.
This is perhaps where Mbumba fits in.
He was the Swapo secretary general between 2012 and 2017, while the Fishrot-related transactions started between December 2011 and November 2019, when the first suspects were arrested.
It has been reported and stated in court documents that Swapo benefited from the proceeds of corrupt Fishrot transactions through donations and campaign funding.
Mbumba’s office did not respond to questions related to his role in the Fishrot saga.
This in light of the fact that as secretary general of Swapo, he was responsible for the party’s finances and campaign funding.
Additionally, the office did not comment on whether Mbumba is conflicted as an interested party in the case if he pardoned the 10 accused.
“Good evening, I take note of your questions,” was all presidential spokesperson Alfredo Hengari said about the questions to Mbumba on Thursday night.
Prosecutor general Martha Imalwa refused to be drawn into the matter when The Issue contacted her.
“I can only deal with my cases as per the evidence available; I can’t comment on politics,” she said.
Imalwa said she is not sure which law would be used if the Fishrot accused were to be pardoned.
“All I know is that people only get pardons when convicted,” she said.
However, two legal experts who spoke to The Issue on condition of anonymity said although not a common occurrence, it is possible for the president to pardon accused persons before they are convicted.
Messick’s blog post: https://globalanticorruptionblog.com/author/rickmessick/
