By: Justicia Shipena 

South African advocate Vas Soni says anti-corruption (ACC) lead investigator Andreas Kanyangela did not have the power to investigate POCA related matters. 

Soni said this during the bail hearing of the six men charged in the fishrot corruption saga.

He was cross-examining Kanyangela on Thursday at the Windhoek High Court. 

The South African advocate represents former justice minister Sacky Shanghala, former Investec managing director James Hatuikulipi and Pius Mwatelulo. 

According to him, the has allegations that the ACC investigator did not have the power to investigate have been made before. 

Soni then asked Kanyangela if he was aware of this. The ACC investigator said: “Yes, I am aware of the allegation.” 

Soni was referring to an affidavit by Fishrot accused and former fisheries minister Benhard Esau, which stated that Kanyangela is not empowered to apply for a warrant of arrest under section 43 of the criminal procedure act; however, the prosecutor general, commission or police office of Nampol are the correct persons. 

Further, it says the warrant of arrest is invalid because money laundering offences are investigated by the Namibian police but only by police officers designated in writing by the inspector general of the Namibian police, as shown in section 83 of POCA. 

“As Kanyangela is not a member of the Namibian police and could thus have not been designed by the inspector general of the police, he approached me on offences he did not have the authority to investigate,” it reads. 

During the bail proceedings, Soni put to the court that: “The allegations made by Esau is quite serious. It says this is the ambient of your power, and you have exceeded your power. I am just putting that to you.”

However, Kanyangela replied, saying that he was not supposed to apply for the arrest warrant in terms of POCA. 

“I understood you to say that you don’t have the power in terms of section 83 to investigate these matters, but you have the power in terms of section 43 to apply for a warrant?” He questioned. 

Thus, the investigator stressed he did not say that. 

“In terms of my power, I said we can investigate any offences as per the provision of section 3 of the ACC Act and section 28 and 31 of POCA,” said Kanyangela.

This also comes as Shanghala, Hatuilikilpi and Mwatelulo, last week, deemed the ACC investigations unlawful in their affidavits pleading for bail.