Stefanus Nashama
Nigel Van Wyk, who reportedly earned a salary of over N$40 000 as an employee of disgraced former Justice Minister Sakeus Shanghala, yesterday accused the office of the Prosecutor General of being selective, biased, and executing an unfair prosecution.
Van Wyk, who is charged alongside Shanghala and other Fishrot accused persons faces serious charges of classic money laundering and obstructing the course of justice. Van Wyk, through his Lawyer Mbanga Siyomunji, said prior to his arrest, he was not given time to explain himself. His bail application is before Judge David Munsu. He, alongside former Fisheries Bernard Esau is applying for bail.
Van Wyk’s trouble with the law started when he reportedly denied police officers access into Shanghala’s farm, at the time police officers wanted to arrest Shanghala and James Hatuikulipi. He was subsequently released on a warning and rearrested shortly after he allegedly removed incriminating evidence from Shaghala’s office while the latter was incarcerated.
He, yesterday denied ever working with Shanghala to remove incriminating documents from Shanghala’s house in Windhoek after his arrest in 2019.
“There was no instruction from Mr Shanghala to remove evidence and I did not sign any document,” he testified.
Van Wyk worked as an employee for a private company owned by Sanghala and other accused persons. He previously worked as a Clerk at the Office of the Attorney General, at the time Shanghala was the Attorney General.
His duties at the company involved making payments or receiving payments.
He also worked as a Personal Assistant to Shanghala at his farm and was accused of receiving N$100 000 from his boss.
During the cross-examination for bail application, Van Wyk claimed to be innocent at the time he was questioned by the State Prosecutor, Hezekiel Iipinge on his involvement in the removal of documents.
To this, Van Wyk stated, “The accusation that I got instruction from Mr Shanghala to remove evidence is not true”. He also claimed to have written a letter saying he did not understand some things related to his court case but the letter was not provided to the office of the Prosecutor General.
“I was never called by the Anti-Corruption Commission to explain myself on the case. This is a selective and unfair prosecution,” he said.
Van Wyk denied having excess to Shanghala’s house keys but admitted having access to the keys of the garage.
His lawyer, Siyomunji said the office of the Prosecutor General wrote a letter in December last year, saying that the Prosecutor General is willing to prosecute Van Wyk on corruption and withdraw other charges including the concealment of documentary evidence.\
Esau also testified yesterday. Florian Beukes represents him.
Esau and Van Wyk, together with six others, are accused of running schemes to get control of Namibia’s fishing quotas and diverting them to the Icelandic fishing company Samherji in return for kickbacks.
Yesterday, Esau stated before Judge Munsu that he did not have access to the application of quotas.
“Yes, the allocations of quotas are recommended by the minister and sent back to the office of the Executive Director for notification and distribution. How can I give instruction to an entity with regard to quotas distribution,” he questioned. He stated that he had no power to influence the payment to any entity.
Both Esau and Van Wyk have filed a bail application before the High Court following previous unsuccessful attempts in lower courts. In the past four years, they made various failed attempts to be freed from jail while awaiting their trial. Judge Munsu postponed the matter of the two Fishrot accused to today, 13 April for continuation.
