Fishrot corruption case prosecutors threatened to resign over low pay before receiving N$54 000 increase

Two high-profile state prosecutors leading the Fishrot fraud and corruption court case have threatened to resign.

Deputy prosecutor general Ed Marondedze and state prosecutor Cliff Lutibezi have been complaining about their pay cheques, after which the government eventually agreed to increase it by N$54 000 per month (or N$1.5 million per year) each.

Last year, former attorney general and justice minister Sacky Shanghala brought up the salaries of the two state prosecutors as proof that the trial was not fair.

He criticised the alleged N$1.5 million package for the two state prosecutors, saying he and his co-accused, former fisheries minister Bernhard Esau, were not afforded the same consideration when they requested that the state pay their legal fees.

Lutibezi, under the guidance of Marondedze, gained widespread public attention in 2020 when they cross-examined the Fishrot accused.

The accused have over the past four years delayed the Fishrot trial in what a judge said was a deliberate tactic.

Shanghala is accused of being one of the key enablers of the corruption scandal that involved over N$3 billion from fishing deals with Icelandic fishing giant Samherji.

But the prosecutors who want Shanghala and his co-accused behind bars are unhappy to be paid salaries they claim are so low they can’t afford to buy a house.

Lutibezi and Marondedze currently earn around N$850 000 per year each.

To some, the salary increase is justified – the prosecutors are handling one of Namibia’s most complex corruption cases and could demand far higher salaries in private practice.

However, some of their colleagues are allegedly fuming that their own pleas for salary increases have not been addressed.

“Their demands have been met, but what about the others and what is so special about them?” a source familiar with the matter told The Namibian this week.

According to sources, Lutibezi and Marondedze told prosecutor general Martha Imalwa that their current salaries were insufficient to meet their basic needs, and said it would be better for them to resign and pursue opportunities in private practice.

Imalwa has in the past described the Fishrot case as highly complex, involving about 300 witnesses and requiring extensive preparation by state lawyers.

The Namibian has in the past reported that private sector lawyers have been accused of milking state-owned enterprises, with some making as much as N$630 000 to N$800 000 for presiding over internal disciplinary processes.

Marondedze, who also oversees the Office of the Prosecutor General, on Tuesday asked that The Namibian’s questions be submitted in writing.

However, he did not respond to questions by the time of going to print.

Lutibezi on Tuesday said he would not disclose internal matters.

“Please be advised that the subject matter of your queries pertain to internal employment and office-related affairs, hence I am not at liberty to disclose or discuss any information in relation thereto,” he said.

NEGOTIATIONS

The Namibian understands that negotiations to increase the duo’s salary involved the Public Service Commission (PSC), which insisted that any increase be within existing regulations.

Sources said some senior government officials were worried that it would be disastrous to lose both prosecutors.

Corporate governance expert and legal adviser Ntelamo Ntelamo yesterday said employees who are resourceful need to be fully recognised.

“Employees who are highly skilled and resourceful need recognition without need for them to threaten resignation out of frustration,” he said.

He said salaries should not be treated as transactional.

“How would salaries be treated if the workload declined?” he asked.

BAD TIMING

Former deputy prosecutor general John Walters says the timing of the concerns raised by the prosecutors is problematic, particularly given the stage the Fishrot case is at.

“At this very stage of the case, they have realised that the matter is complicated and that the money is too little for them to continue. It is bad timing,” he says.

Walters, who has also served as ombudsman before, says prosecutors are not allowed to set their own fees.

“You have to live with what the government pays you,” he says.

He says if the two prosecutors were to resign, it would have serious implications for the case.

GOVT RESPONSE

Speaking to The Namibian yesterday, Ministry of Justice and Labour Relations spokesperson Edmund //Khoaseb said the ministry cannot comment on internal staff processes or the employment considerations of individual officials.

“As such, we are not in a position to confirm or comment on any alleged notices of resignation, intentions to withdraw from specific cases, or the reasons that may have informed such considerations,” he said.

//Khoaseb said the ministry is aware of broader discussions within the legal fraternity on resourcing and capacity within the justice system.

These matters are addressed through established administrative and policy processes, taking into account fairness, sustainability, and the effective administration of justice, he said.

Meanwhile, the Office of the Prime Minister’s executive director, Gladice Pickering, referred The Namibian to Imalwa.
“The question must be answered by the prosecutor general. Please engage her office. If no response is received, please engage the PSC,” she said.

Imalwa did not respond to questions by the time of going to print.

PSC chairperson Salmaan Jacobs yesterday referred The Namibian to the justice ministry.

“Please refer your queries to the executive director of justice and labour relations,” he said.

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