Namibia: Teko Trading case postponed

Despite objections from defence lawyer Sisa Namandje, who is representing Lameck (49), Mokaxwa (30) and Yang (39), the criminal case against the three charged suspects has now been postponed to November 25 for further investigations to be carried out.

With the appearance of Lameck, Mokaxwa and Yang in the Windhoek Magistrates Court yesterday, Public Prosecutor Jack Eixab asked Magistrate Kauli Nghishitende to postpone the case to November 25 to give the prosecution more time to obtain witness statements that are still needed. Eixab indicated that this includes a statement from China and a report needed from the National Forensic Science Institute of Namibia.

Namandje objected to such a long postponement.

Telling the court that his clients are in a situation where virtually all of their property and assets have been frozen that is as a result of a court order in terms of the Prevention of Organised Crime Act that was issued by High Court Judge President Petrus Damaseb on July 6 Namandje asked the court to give the State a postponement only until the end of October. If the investigators have by then still not obtained all the statements they need, they should come to court to explain, Namandje suggested.

The Magistrate was not convinced, and granted the State the postponement it requested.

Lameck, Mokaxwa and Yang are charged in connection with a multi-million dollar deal for the provision of Chinese-made X-ray scanning equipment to the Ministry of Finance. The equipment is being supplied by a Chinese company, Nuctech, at a total cost of US$55,348 million.

Yang was involved in the agreement between Nuctech and the Finance Ministry in his capacity as Nuctechs representative in southern Africa. At the same time, though, he also struck a deal with Teko Trading CC, a close corporation in which Lameck and Mokaxwa are the only two members.

Yang and Lameck stated during a bail application in the Windhoek Magistrates Court in August that, while he was Nuctechs representative in southern Africa, Yang was also employed by Teko Trading.

For having been in contact with the Finance Ministry to ensure that the Ministry would make a prompt payment of US$12,828 million to Nuctech on the US$55,348 million deal between Nuctech and the Ministry, Yang earned Teko Trading a commission payment of N$42,06 million in March this year, the court also heard during the bail application.

This payment was made to Teko Trading after it had signed agency and consultancy agreements with Nuctech. In terms of the agreements between Nuctech and Teko Trading, the close corporation was set to receive a total of US$12,828 million for its role as an agent and consultant in the contract for the provision of the scanning equipment.

It is alleged that in fact Teko Trading had to do very little to earn such a huge amount as a supposed commission. Less then two weeks after Nuctech received its first payment of US$12,828 million from the Finance Ministry, the Chinese company transferred N$42,06 million to an account of Teko Trading. From this account, N$9,39 million was paid directly to Lameck, N$8 million to Mokaxwa and N$16,8 million to Yang.

To earn that commission, Teko Trading had to assist in answering frequently asked questions about the equipment supplied by Nuctech, had to facilitate the Finance Ministry to make a punctual payment of the first amount of US$12,828 million that the Ministry paid to Nuctech, and had to facilitate the Finance Ministry to acquire necessary licences, permits and approvals and to prepare for the delivery of the equipment, according to one of the agreements concluded between Teko Trading and Nuctech.

Lameck and Mokaxwa spent five weeks in custody before they were granted bail of N$50 000 each on August 11. Yang was granted bail in an amount of N$250 000, but he has remained in custody since then, as the bail money has not been paid until yesterday.

Following her release on bail, Lameck was asked by the President on August 13 to absent herself from her duties as a Public Service Commissioner until serious allegations of irregularities have been thoroughly investigated.

The Namibian