Namibia chief pharmacist sues over N$500 000 corruption tip-off

Health ministry chief pharmacist Fabiola Vahekeni is seeking N$500 000 from a man accused of circulating a WhatsApp tip-off, claiming she is involved in medicine-related corruption.

Vahekeni is threatening legal action against Martin Sakaria, the administrator of a WhatsApp group called ‘NamLife Members’ – unless he issues a public apology and pays her half a million dollars.

The Namibian has previously reported that the Anti-Corruption Commission (ACC) has investigated Vahekeni over allegations that she used her position to help friends win a medical tender to import unlicensed Chinese medicine worth N$7 million in 2018.

Her name surfaced again in a whistleblower tip-off currently being probed by the ACC. The tip-off claims that nine Ministry of Health and Social Services officials colluded with Namibian business people to rig medical tenders and manipulate orders worth hundreds of millions of dollars.

The Namibian reported on the latest allegations on 24 October.

A lawyer’s letter states that Sakaria allegedly shared a three-page document, titled ‘Summary’, on the NamLife Members WhatsApp group on 24 October – the same day the newspaper report appeared.

Calls made to Vahekeni, as well as questions sent to her and Sakaria via email and WhatsApp over the past week, went unanswered.

THE THREAT

Vahekeni, through her lawyers Uanivi Gaes Incorporated, sent the legal threat to Sakaria on 29 October.

In the letter, the pharmacist explains why Sakaria is being taken to task.

In the letter, Vahekeni’s lawyer, Flora Gaes, tells Sakaria “you made allegations that our client and her colleagues are allegedly connected to one of the 23 medical supply companies listed in your synopsis, thereby insinuating corrupt and unlawful conduct”.

Gaes says Sakaria has accused Vahekeni in her capacity as chief pharmacist of “overseeing” the awarding of pharmaceutical and clinical tenders.

“That our client allegedly provides bidders with item lists one or two months in advance to enable them to prepare pricing and import stock. That our client allegedly fabricates ‘emergencies’ to favour bidders who already have stock on hand,” she says.

Gaes says Vahekeni further instructed the firm that Sakaria allegedly disseminated falsehoods and defamatory statements to other WhatsApp groups, “thereby aggravating the harm to our client’s professional reputation”.

“The overall implication of your defamatory allegations is that our client is corrupt and manipulates tender processes to benefit particular medical supply companies – an accusation that is wholly false, malicious, and intended to injure her good name,” she says.

The letter says similar claims made by Sakaria in 2020 led to an investigation that cleared Vahekeni of wrongdoing, and that he was informed in 2023 that she has no authority to approve or influence procurement decisions.

“Despite this, you persisted in spreading defamatory statements that have caused our client personal distress and professional harm,” Gaes states.

DEMANDS

The lawyer says Vahekeni has since given her law firm several instructions on Sakaria.

“That you issue an unconditional written and public apology to our client within seven days of receipt of this letter, in a form and manner acceptable to our client. That you pay to our client the amount of N$500 000 as compensation for the damage caused to her reputation and good name,” Gaes writes.

The letter further reads: “Should you fail to comply with the above demands within the stipulated period, we hold firm instructions to institute civil proceedings against you without further notice, wherein we shall seek damages, costs, and any further relief deemed appropriate by the honourable court.”

Vetumbuavi Uanivi yesterday told The Namibian: “We confirm that we hold instructions to demand a written apology from Mr Sakaria, arising from his defamatory inclusion of our client’s name in an alleged ‘tip-off summary’ concerning purported corrupt activities within the Ministry of Health and Social Services.”

Uanivi said these allegations are patently false, baseless, and maliciously fabricated with the clear intention of injuring his client’s good name and reputation.

“Our instructions further reveal a longstanding pattern in which Mr Sakaria has obsessively sought to defame our client by cowardly disseminating false rumours and unfounded conspiracy theories, despite knowing that our client holds no decision-making authority in the ministry’s procurement processes,” he said.

“We do not operate in a lawless society where individuals may infringe upon the rights and dignity of others without consequence. Accordingly, should Mr Sakaria fail to tender an unequivocal written apology and retraction, our client will have no alternative but to institute legal proceedings to vindicate her rights.”

TIES THAT BIND

The letter of demand says the whistleblower tip-off contains a series of false and defamatory allegations that portray Vahekeni as manipulating tender processes within the health ministry.

It claims that key officials, working with outside companies and business people, have manipulated tender processes, influenced evaluation panel appointments, and ‘doctored’ purchase orders to maintain control over the country’s most lucrative health contracts.

The tip-off further links Vahekeni to several companies and to businessman Shapwa Kanyama, who is mentioned at least 12 times.

Kanyama declined to comment when approached at the end of last month.

“Do they have facts? If the ACC is done with their investigations and reveals any truth, then I will be able to answer. But a letter written anonymously by someone, how do I answer that? If it has facts, then I can answer,” Kanyama said at the time.

THE TIP-OFF

The three-page whistleblower tip-off provides a detailed account of alleged corruption at the health ministry.

It claims that more than N$1.5 billion is spent at the Central Medical Stores (CMS) on pharmaceuticals and clinical items per year, with tens of millions more allocated to equipment such as X-ray machines, incubators and hospital beds. A significant portion of these funds is alleged to have been diverted to ‘doctored’ orders, repeat purchases and hand-picked suppliers. Senior pharmacists at the CMS have allegedly leaked item lists and previous prices weeks ahead of advertised bids, allowing suppliers to import stock and craft bids with insider pricing.

Once contracts were approved, purchase orders were allegedly inflated, for example, a contract cleared at N$1 million could be printed as being worth N$5 million.

Repeated orders for the same goods – gloves, syringes, and medicines – could see a modest award swell to N$30 million or more – all without new tenders.

THE THREE MUSCATEERS

The Namibian in 2019 reported on Vahekeni being part of a trio of pharmacists under investigation after a shipping container packed with medicines from a Chinese company was impounded at Walvis Bay.

At the heart of that matter were allegations of tender irregularities, nepotism and non-compliance with licensing requirements.

The health ministry later carried out an investigation and cleared Vahekeni.

However, Namibian Sun subsequently reported that an investigation by the Ministry of Finance pointed fingers at Vahekeni, the ministry’s senior pharmacist responsible for procurement at the CMS, and pharmacists-cum-businesswomen Naambo Amakutuwa and Meameno Nghikembua.

The trio claim they are being unfairly targeted.

Then executive director of health and social services Ben Nangombe at the time said the ministry’s investigation found nothing irregular around Vahekeni.

“The ministry conducted an internal preliminary investigation as required by the Public Service Act before a staff member may be charged with misconduct. The investigation found no wrongdoing or violation of procedures or the Public Procurement Act.

“The ministry is not privy to the investigations and has not been apprised of the progress of the ACC’s investigations,” he was quoted as saying by Namibian Sun in 2021.

The same newspaper reported that acting executive director of finance Phineas Nsundano, however, in a letter to the health ministry identified various instances of wrongdoing.

Nsundano said Vahekeni was the person responsible for the transaction and authorised amendments to contracts awarded without review of the procurement committee and without the accounting officer’s approval.

“It has been discovered that Fabiola Vahekeni may have indirect interest in the matter that NM Medicals is owned by very close friends, being Naamob Taimo Amakutuwa and Meameno Kamea Nghikembua – all pharmacists who studied together,” he wrote.

Nsundano further said: “The probability that Fabiola Vahekeni could have used her office to indirectly gain from this or cause anyone else to gain from this is quite high.

“There is no logical explanation as to why Fabiola would allow NM Medicals to engage the Chinese supplier without verifying that they complied with the tender specifications.”

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