ACC sets its sights on Liquid Fuels

THE Anti-Corruption Commission (ACC) says it is making ‘good progress’ in its investigation into the controversial Namibia Liquid Fuels (NLF) deal, but could not give any timeframe for completion of the investigation.

“Yes, we are following up on all the leads and other reports and we are making very good progress,” ACC Director Paulus Noa said in a brief interview. The ACC recently took on board 10 Policemen, seconded to their office from Home Affairs, to assist in such investigations.The Liquid Fuels deal involves a select group of State House and other top officials who are reported to have raked in as much as N$400 million a year in dividends.The company continues to be run from the boardroom of their lawyers and auditors, but the principals are understood to be in the process of renting offices and appointing local staff – more than two years after the deal was entered into in September 2004.In the meantime, the Energy Equalisation Fund remains depleted and had to be topped up to the tune of N$178 million in the last Budget.The national fuel price has been also increased three times since the deal was made in September 2004, raising the question whether Namibia can afford handing over millions of dollars to its own officials under the guise of BEE.Noa declined to discuss whether an earlier confidential report done by the still-unconstituted Central Governance Agency’s Lazarus Uaandjua, and commissioned by the Office of the Prime Minister, had been made available to them.The deal, in which South African synthetic fuel producer Sasol cornered 50 per cent of Namibia’s fuel supply business, involves several top Government officials.While Noa declined to discuss specifics, it is believed that their investigation will also look into whether the officials abused their positions in pressurising Sasol into taking them on as BEE partners.The probe will also be expected to investigate whether the principals in NLF misrepresented their empowerment credentials, as their own documents referred to community groups that were either non-existent or unaware of their share in this empowerment deal entered into in the dying days of Sam Nujoma’s presidency.Details of the controversial deal were exposed in The Namibian in April after an intensive six-month-long investigation.Some of the officials mentioned include Ndeutala Angoloh, Secretary to the President; Director of Economic Affairs in the Office of the President, Leevi Hungamo; and Sackey Shanghala, Special Advisor to the Justice Minister and Attorney General Pendukeni Ithana.Other notable names are former trade unionist Ranga Haikali and SA investment bank Investec’s new Namibian manager, James Hatuikulipi.A slew of villagers from Okahao and Rundu, many of whom have direct links to Cabinet ministers and deputy ministers, also feature.The ACC probe is also expected to look into the legality of NLF’s corporate structure, in which shares were effectively issued in a trust.In law, trusts can own shares in business, but not the other way around, legal sources have in the meantime pointed out.NLF’s lawyer, Jurie Badenhorst of Ellis and Partners, has strenuously denied in the past that this structure was meant to obscure the true shareholders in NLF’s local subsidiary, Philco 20.Badenhorst has repeatedly warned that his clients wished to pursue legal action against the media who had published details of the controversial deal.He has repeatedly indicated that his clients do not wish to comment on the matter while considering their own legal options.* John Grobler is a freelance journalist; 081 240 15 87The ACC recently took on board 10 Policemen, seconded to their office from Home Affairs, to assist in such investigations. The Liquid Fuels deal involves a select group of State House and other top officials who are reported to have raked in as much as N$400 million a year in dividends.The company continues to be run from the boardroom of their lawyers and auditors, but the principals are understood to be in the process of renting offices and appointing local staff – more than two years after the deal was entered into in September 2004.In the meantime, the Energy Equalisation Fund remains depleted and had to be topped up to the tune of N$178 million in the last Budget.The national fuel price has been also increased three times since the deal was made in September 2004, raising the question whether Namibia can afford handing over millions of dollars to its own officials under the guise of BEE.Noa declined to discuss whether an earlier confidential report done by the still-unconstituted Central Governance Agency’s Lazarus Uaandjua, and commissioned by the Office of the Prime Minister, had been made available to them.The deal, in which South African synthetic fuel producer Sasol cornered 50 per cent of Namibia’s fuel supply business, involves several top Government officials.While Noa declined to discuss specifics, it is believed that their investigation will also look into whether the officials abused their positions in pressurising Sasol into taking them on as BEE partners.The probe will also be expected to investigate whether the principals in NLF misrepresented their empowerment credentials, as their own documents referred to community groups that were either non-existent or unaware of their share in this empowerment deal entered into in the dying days of Sam Nujoma’s presidency.Details of the controversial deal were exposed in The Namibian in April after an intensive six-month-long investigation.Some of the officials mentioned include Ndeutala Angoloh, Secretary to the President; Director of Economic Affairs in the Office of the President, Leevi Hungamo; and Sackey Shanghala, Special Advisor to the Justice Minister and Attorney General Pendukeni Ithana.Other notable names are former trade unionist Ranga Haikali and SA investment bank Investec’s new Namibian manager, James Hatuikulipi.A slew of villagers from Okahao and Rundu, many of whom have direct links to Cabinet ministers and deputy ministers, also feature.The ACC probe is also expected to look into the legality of NLF’s corporate structure, in which shares were effectively issued in a trust.In law, trusts can own shares in business, but not the other way around, legal sources have in the meantime pointed out.NLF’s lawyer, Jurie Badenhorst of Ellis and Partners, has strenuously denied in the past that this structure was meant to obscure the true shareholders in NLF’s local subsidiary, Philco 20.Badenhorst has repeatedly warned that his clients wished to pursue legal action against the media who had published details of the controversial deal.He has repeatedly indicated that his clients do not wish to comment on the matter while considering their own legal options. * John Grobler is a freelance journalist; 081 240 15 87