Nida official in dodgy N$30m tenders

A FORMER senior manager at the state-owned industrial development agency, Ralphton van Wyk was found guilty of being involved in questionable transactions worth around N$31 million.

The Namibia Industrial Development Agency (Nida) was started to advance Namibia’s industrialisation agenda, but has been rocked by allegations of widespread corruption.

The N$31 million linked to Van Wyk includes awarding two tenders to WB Bruwer Construction & Renovation worth N$24 million without following procedures, and allegedly faking invoices to the Ministry of Industrialisation and Trade for payment of around N$6 million.

These details are contained in a ruling delivered on 18 October last year at a disciplinary hearing, chaired by lawyer Clive Kavendjii.

Kavendjii said the two tenders awarded to WM Bruwer Construction & Renovation between March 2016 and November 2016 were illegal because the company had no “legal personality” and was not an “existing legal entity” at the time.

The accused company has disputed this allegation.

Van Wyk allegedly awarded two tenders to the company – one worth N$21 million and another worth N$3 million. Kavendji said these two tenders were not processed through Nida’s tender committee.

WM Bruwer Construction & Renovation is a Rehoboth-based company, owned by Will Manfred Bruwer.

Kavendjii said Van Wyk created fake invoices of N$5,9 million in the name of Pupkewitz & Sons Pty Ltd.

“Thereafter, you presented the said invoices to the ministry of trade as due, owing and payable to Pupkewitz, for the benefit of your employer.

“The government paid N$5,9 million to Pupkewitz,” the lawyer said.

At the time of his suspension, Van Wyk was Nida’s acting manager of industrial development.

He was suspended with full pay in December 2018 and is also accused of abusing his position by undertaking trips to benefit from a subsistence and travel allowance (S&Ts) of around N$1 million.

Kavendjii said Van Wyk “intentionally and wrongfully misused” his position as specialist industrial development officer by travelling to various destinations “to obtain a personal benefit or advantage at the expense of your employer, with subsistence and travelling allowances in an amount of N$1 million”.

In total, Van Wyk faced six charges.

Kavendjii found Van Wyk guilty on four, and not guilty on two.

Kavendjii confirmed to that he chaired the disciplinary hearing.

“The case highlights the serious failure of tender processes,” he said.

Van Wyk resigned on 15 October 2020. He worked for Nida for more than five years

Questions sent to Van Wyk went unanswered. When called, he did not want to comment on the matter.

Nida’s acting chief executive officer, Phillip Namundjebo, said the case is being dealt with.

“It is noteworthy to state the matter is currently dealt with by relevant law-enforcement authorities and therefore sub judice,” he said.

“Hence I cannot comment further apart from confirming that Mr Ralphton van Wyk tendered his resignation before the disciplinary case was brought to its logical conclusion,” Namundjebo said.

He said they have reported the case to the Anti-Corruption Commission (ACC), and will wait to take further action depending on its recommendation.

“The case was reported to the ACC and is being dealt with at that level. Due to the disciplinary procedures and now criminal investigation by the ACC, Van Wyk’s accrued leave days have not been paid out, nor his pension as a result of these procurement irregularities. At this stage, we cannot divulge more information relating to the case as it may compromise the investigation,” Namundjebo said.

Emily Bruwer, the financial manager of WM Bruwer Constructions & Renovations CC, said Kavendji’s ruling misrepresents the facts.

“In fact, NDC still owes us and the electrical contractor N$300 000, the remainder of the second tender,” Bruwer said.

Minister of public enterprises Leon Jooste said Nida’s board “should deal with the matter according to company policies”.

A FORMER senior manager at the state-owned industrial development agency, Ralphton van Wyk was found guilty of being involved in questionable transactions worth around N$31 million.

The Namibia Industrial Development Agency (Nida) was started to advance Namibia’s industrialisation agenda, but has been rocked by allegations of widespread corruption.

The N$31 million linked to Van Wyk includes awarding two tenders to WB Bruwer Construction & Renovation worth N$24 million without following procedures, and allegedly faking invoices to the Ministry of Industrialisation and Trade for payment of around N$6 million.

These details are contained in a ruling delivered on 18 October last year at a disciplinary hearing, chaired by lawyer Clive Kavendjii.

Kavendjii said the two tenders awarded to WM Bruwer Construction & Renovation between March 2016 and November 2016 were illegal because the company had no “legal personality” and was not an “existing legal entity” at the time.

The accused company has disputed this allegation.

Van Wyk allegedly awarded two tenders to the company – one worth N$21 million and another worth N$3 million. Kavendji said these two tenders were not processed through Nida’s tender committee.

WM Bruwer Construction & Renovation is a Rehoboth-based company, owned by Will Manfred Bruwer.

Kavendjii said Van Wyk created fake invoices of N$5,9 million in the name of Pupkewitz & Sons Pty Ltd.

“Thereafter, you presented the said invoices to the ministry of trade as due, owing and payable to Pupkewitz, for the benefit of your employer.

“The government paid N$5,9 million to Pupkewitz,” the lawyer said.

At the time of his suspension, Van Wyk was Nida’s acting manager of industrial development.

He was suspended with full pay in December 2018 and is also accused of abusing his position by undertaking trips to benefit from a subsistence and travel allowance (S&Ts) of around N$1 million.

Kavendjii said Van Wyk “intentionally and wrongfully misused” his position as specialist industrial development officer by travelling to various destinations “to obtain a personal benefit or advantage at the expense of your employer, with subsistence and travelling allowances in an amount of N$1 million”.

In total, Van Wyk faced six charges.

Kavendjii found Van Wyk guilty on four, and not guilty on two.

Kavendjii confirmed to that he chaired the disciplinary hearing.

“The case highlights the serious failure of tender processes,” he said.

Van Wyk resigned on 15 October 2020. He worked for Nida for more than five years

Questions sent to Van Wyk went unanswered. When called, he did not want to comment on the matter.

Nida’s acting chief executive officer, Phillip Namundjebo, said the case is being dealt with.

“It is noteworthy to state the matter is currently dealt with by relevant law-enforcement authorities and therefore sub judice,” he said.

“Hence I cannot comment further apart from confirming that Mr Ralphton van Wyk tendered his resignation before the disciplinary case was brought to its logical conclusion,” Namundjebo said.

He said they have reported the case to the Anti-Corruption Commission (ACC), and will wait to take further action depending on its recommendation.

“The case was reported to the ACC and is being dealt with at that level. Due to the disciplinary procedures and now criminal investigation by the ACC, Van Wyk’s accrued leave days have not been paid out, nor his pension as a result of these procurement irregularities. At this stage, we cannot divulge more information relating to the case as it may compromise the investigation,” Namundjebo said.

Emily Bruwer, the financial manager of WM Bruwer Constructions & Renovations CC, said Kavendji’s ruling misrepresents the facts.

“In fact, NDC still owes us and the electrical contractor N$300 000, the remainder of the second tender,” Bruwer said.

Minister of public enterprises Leon Jooste said Nida’s board “should deal with the matter according to company policies”.

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