Ester Mbathera
Esja Investment (Pty) Ltd has reached a settlement of N$1.8 million with 23 former fishermen who lost their jobs in December 2018.
The settlement was finalised in the High Court on 1 April.
According to the fishermen’s lawyer, Norman Tjombe, the settlement excludes the 20% annual interest that has accumulated since 2021, amounting to over N$1.7 million.
“Esja obviously does not have money, but we will see what we can do,” Tjombe said.
As part of the agreement, Esja will pay an initial N$115,000 on or before 1 April, with the remaining N$1.7 million due by 30 April.
The funds will be paid into the trust account of Tjombe Incorporated.
Each party will bear its own legal costs.
The agreement settles all claims between the fishermen and Esja Investments.
“This agreement is concluded in full and final settlement of all claims which the plaintiffs and the first defendant may have against each other arising out of the subject matter of the above case,” the court document reads.
However, the fishermen still retain the right to pursue the third defendant for any outstanding amounts not covered by the settlement.
The case stems from the abrupt termination of employment by ArticNam Fisheries Pty Ltd in December 2018.
At the time, ArticNam was managed by Esja Investments, which is owned by Icelandic fishing giant Samherji HF through a Cyprus-based subsidiary, Esja Fishing.
Esja Investments is being held liable for the debts of ArticNam on the basis that Esja Investments traded with ArticNam.
The fishermen, who worked on the Heinaste vessel once operated by Esja Seafood in Namibia, were dismissed without compensation.
In 2021, the Labour Commissioner ruled in favour of the fishermen in their unfair dismissal case.
Since then, they have sought to recover the amounts due from ArticNam, which left the country after the FishRot scandal erupted.
The Heinaste vessel, which became linked to the scandal, has since been sold to Tunacor Fishing and renamed Tutungeni.
Esja Investments is one of the defendants in the Fishrot case. The civil claim against Esja and others was filed under case number HC-MD-CIV-ACT-DEL-2023/01007.
The matter was scheduled for trial from 31 March to 4 April but was referred to court-ordered mediation.
Esja’s sole director, Ingvar Juliusson, who is not based in Namibia, authorised Joos Agenbach to act on behalf of the company and finalise the settlement.
“Joos Agenbach is hereby authorised by the company to represent the company and to attend the mediation on behalf of the company, and he is given an unfettered discretion to settle the matter on such terms as he, in his sole discretion, may deem fit,” Juliusson stated.
Reacting to the settlement, Fishrot whistleblower Johannes Stefansson described it as significant news that Samherji has agreed to pay the fishermen who were retrenched in 2018.
“They did so to save costs and pay other fishermen less salary than they should according to the industry. The fishermen have fought for their rights for some years now with their lawyer,” Stefansson said.
He said Samherji’s decision to settle goes against their usual conduct.
“They are known for denying wrongdoing, avoiding accountability, and always defending themselves as if they’ve done nothing wrong,” he said. Stefansson praised the efforts of the fishermen and their legal team.
“The lawyer for the fishermen and themselves has done excellent work by never giving up,” he said.
