By: Justicia Shipena 

The hearing of a bail application by six of the men charged in the Fishrot fraud and corruption case is set to start in the Windhoek High Court tomorrow at 10h00.

Judge Shafimana Ueitele will hear the application. 

The six men are testifying in support of requesting to be granted bail after nearly two years in jail.

The six applicants, together with former minister of fisheries Bernhard Esau, his son-in-law Tamson Hatuikulipi, Ricardo Gustavo, face 42 charges, including counts of fraud, bribery, corruption racketeering, and money laundering. 

The hearing will resume with the cross-examination of fishrot accused Phillipus Mwapopi, who last took the witness stand last year. 

Before the matter was postponed, Mwapopi rapped up his evidence-in-chief with his lawyer Milton Engelbrecht. 

According to Ueitele, the hearing is expected to run from 24 January until 4 February 2022. 

Giving his testimony during the bail hearing last year, Mwapopi argued that he had not been allowed to defend himself. 

He stressed the State has a chance to mobilise resources to prove their case, but he has been limited due to the nature of his residence. 

Mwapopi also revealed to the court that he is a current PhD student and being in custody limits him of resources for his studies. 

A business agreement between former Fishcor CEO Mike Nghipunya and Mwapopi’s company Wanakadu Investment CC was presented before the court in November 2021. 

However, Mwapopi denied entering into a business agreement with Nghipunya. 

The Windhoek City Police officer also said he did not sign the agreement, nor has he any knowledge of it.

According to him, Wanakadu Investment supplied dried fish products to Fishcor for a drought aid programme to the value of N$4,2 million.  

Mwapopi has a 100% interest in Wanakadu, and he told the court he is the only member. 

State advocate Cliff Lutibezi had told the court that the dried fish was never delivered. 

Mwapopi also said he learned about his alleged involvement in the Fishrot scandal on WhatsApp’s social messaging application.

He offered to pay a deposit of N$62 000 for his bail. 

In his testimony, Nghipunya, who took the witness stand first, denied having a 50% stake with Wanakadu Investment CC.

Wanakadu Investment CC was selling dried fish to Fishcor for N$4,2 million. 

Nghipunya also spoke about N$44 million paid to the Swapo Party through Sisa Namandje & Co.Inc, and De Klerk, Horn & Coetzee law firms as directed by Hatuikulipi. 

According to him, he only followed lawful instructions. 

Nghipunya had said during his time at Fishcor, the fishing quotas were increasing, but the profits did not increase.

Nghipunya also told the court that Fishcor is not accountable for the money paid to Sisa Namandje De Klerk Horn and Coetzee law firms.

During the hearing, Nghipunya indicated that said N$10.3 million was paid to Fine Foods Investment Trust. 

He also testified that there was never an agreement between Saga Seafoods.

According to him, the money to Fine Foods was allegedly for fish feed. 

“The fisheries ministry requested Fishcor to take over the aquaculture facility in Hardap.” 

Moreover, Shuudifonya wrapped up his testimony in his bail hearing by denying he had no link to any fishing quotas.

He said the payment between Lock Investment CC and Njako Investment CC has nothing to do with quotas. 

According to him, the payments are in line with the agreement signed between the two parties. 

Shuudifonya testified that he was inspired by his co-accused James Hatuikulipi who he has known as an excellent black businessman. 

Hatuikulipi hails from the same region Shuudifonya, and he said he had known him since 2005. 

He also informed the court that Hatuikulipi had loaned him money to start his business. 

Shuudifonya told the court that in 2015 when he and his co-owner Samuel Israel set up Fine Seafood CC, they received equipment assistance worth N$1.2 million from former Fishcor CEO, Mike Nghipunya. 

During his hearing, Shuudifonya pleaded not guilty to fraud and money laundering charges after allegedly receiving N$2,9 million from Skeleton Coast Trawling, a subsidiary of NovaNam. 

It is alleged that Skeleton Coast Trawling bought fishing rights from Fishcor on behalf of Nghipunya as an investment for a business venture. 

Shuudifonya offered a deposit payment of N$50 000 for his bail. 

James Hatuikulipi and Sacky Shanghala have opted to submit written affidavits in this bail application.