Staff Reporter
HIGH Court judge Justice Munsu David has reserved his judgment on a third bail application made by Fishrot-accused businessman Tamson “Fifty” Hatuikulipi.
Tamson is accused by the state of receiving over N$50 million as a co-conspirator in a scheme whereby the Icelandic company Samherji was illicitly allocated “governmental objective quotas.” He faces over 40 charges, including fraud, bribery, corruption, racketeering, money laundering, and tax evasion, in connection with the country’s largest fisheries corruption scandal. The case involves several high-profile individuals, including former Minister of Justice Sacky Shanghala, Tamson’s business partner James Hatuikulipi, former National Fishing Corporation of Namibia (Fishcor) Chief Executive Officer Mike Nghipunya, Pius Mwatelulo, Phillipus Mwapopi, Otneel Shuudifonya, and the former Minister of Fisheries.
State prosecutor Hesekiel Iipinge, during the bail hearing, presented evidence from emails shared by the accused. He argued that the emails disproved Tamson’s claim that he was paid millions by Samherji for consultancy services. Instead, the payments were allegedly made for his role in establishing Namgomar Pesca SA, an entity created by the accused for the allocation of “governmental fishing quotas,” which were eventually diverted to Samherji.
Iipinge highlighted email communications between Johannes Steffansson, the state’s star witness and whistleblower, and Tamson. He questioned why an email dated October 2017, regarding an invoice payment of N$4.9 million, described the payment as “for Namgomar” if it was allegedly for consultancy.
“These documents are not new. If these are the documents he brought to prove he was not involved, that is too far-fetched. In fact, document 19, my Lord, among his submissions, supports what Mr Kanyangela has been saying to this court. In this document, Johannes explained that Heinaste (a fishing vessel), to be profitable and fully utilised, required 45,000 metric tonnes. This was in February 2013. The joint ventures (JVs)—the three JVs—had a total allocation of only 35,000 metric tonnes. In other words, the JVs alone could not utilise Heinaste. At the time, Samherji had two vessels in Namibia, requiring another 45,000 metric tonnes. About 60,000 metric tonnes were needed to keep Samherji afloat, which led to the creation of the Namgomar project.
“The JVs were making money but did not have the fishing rights. How do we get these quotas? They resorted to using state machinery to enter into that agreement, ensuring money continued to flow,” Iipinge argued.
Regarding trial dates, Iipinge added that the accused were arrested at the end of 2019.
“It’s case number six of 2021. From appearing in the magistrates’ court, this case was already in the High Court by 2021. We have been eager, and remain eager, to start the trial to prove their guilt. But, as it stands, a status report shows that Siyomunji (Tamson’s lawyer) will only be available in May 2025. This shows, my Lord, that the accused wants to exploit a situation he created himself. They do not want the trial to start but are using this delay to seek pity from this court,” Iipinge said.
In defence of his client, legal counsel Mbanga Siyomunji argued that Tamson is a legitimate businessman who secured fishing rights joint ventures for Samherji. He listed entities such as Sinco Fishing, Yukor Fishing, and Epango Fishing among the right holders Tamson partnered with to facilitate Samherji’s business operations.
Siyomunji further contended that there was nothing untoward about his client receiving approximately N$20 million for his consultancy services, given that the fishing industry is worth billions of dollars.
