Fishrot Accused Lose Appeal, Curators Navigate Hurdles in Asset Seizure
WINDHOEK — Three of the accused in Namibia's extensive Fishrot fraud and corruption case have lost a Supreme Court appeal against a wide-ranging asset restraint order. The failure of the appeal represents a significant legal development in a case that has drawn international attention.
Coverage Comparison
Reporting on this story has been provided by pan-African news aggregator AllAfrica, which drew on reporting from The Namibian. The first source focuses heavily on the significant legal and institutional hurdles government-appointed curators face while attempting to seize and manage domestic and foreign assets connected to the scandal. The second source details a specific legal victory for authorities: the dismissal of an appeal by three of the accused against a Prevention of Organised Crime Act restraint order. Both sources present the facts with an informative and objective tone, relying on court documents, quotes from a curator, and direct references to the cases involved.
Key Claims
Government-appointed curators are encountering significant legal and institutional challenges while attempting to seize and manage assets linked to the Fishrot case. According to Harald Hecht, one of the curators, they are struggling to gain access to properties owned abroad because the 2020 court order only mentions properties owned locally. The suspects allegedly own luxury homes in Cape Town, Dubai, England, and Spain.
In a related development, three of the accused in the case recently lost a Supreme Court appeal against the asset restraint order. The appeal, brought by Sacky Shanghala, James Hatuikulipi, and Pius Mwatelulo, was dismissed by the court in the capital, Windhoek.
Details From the Legal Proceedings
In a ruling that spanned 36 pages, the Supreme Court agreed that the prosecutor general is not restricted to using only evidence collected by the police when applying for an assets restraint order. The appeal judges, led by acting judge of appeal Theo Frank, concurred with an earlier High Court finding on this point, which relates to how the investigation into the case was handled.
The restraint order covers a wide range of assets belonging to six of the accused, including funds in bank accounts, immovable properties, and motor vehicles. The High Court has also ordered that the six accused individuals may not in any manner deal with the restrained assets.
The assets were placed under the control of curators, who are tasked with managing them. These curators, however, are navigating a complex web of legal and institutional obstacles as they attempt to account for and seize these holdings.
Curators Face Mounting Hurdles
The curators have reported being frustrated by the lack of response from local banks and have encountered challenges similar to those faced by former curators David Bruni and Ian McLaren. Hecht said the curators had not spoken to the accused for 18 months as of late last year, a significant hurdle to resolving financial and legal matters.
According to a report from 2020, the Fishrot accused are linked to a network of 22 companies, 36 immovable properties, 36 bank accounts, and 134 vehicles under the court restraint order. The accused are facing charges related to fraud, corruption, money laundering, and racketeering in connection with alleged dealings with the Icelandic fishing firm Samherji, involving over N$317 million.
In February, Hecht said they were getting a new court order to try and bring those overseas assets into the Namibian net. Despite the challenges, Hecht said he is confident progress will be made this year as the curators focus on producing a full list of all properties linked to the case, describing the matter as complex but expressing confidence that real progress is achievable.