Private Fishrot lawyers would cost Govt N$6m per year

The state would have spent at least N$6 million per year had it relied on private legal practitioners to prosecute the Fishrot fraud and corruption case.

Legal practitioners say the cost of engaging senior private lawyers for a case this big would far exceed what the government is currently paying state advocates.

This comes after The Namibian last week reported that Fishrot state prosecutors Ed Marondedze and Cliff Lutibezi received a pay increase translating to about N$1.5 million a year each, after threatening to withdraw from the case due to concerns over their salary scales.

Veteran lawyer Richard Metcalfe this week said the two state advocates leading the Fishrot prosecution are estimated to be worth at least four times (N$6 million) more than their current remuneration, given the scale, complexity and volume of work involved in the case.

Metcalfe said the Fishrot case is complex and involves nearly 200 000-page documents, all of which require careful perusal, analysis and preparation by the prosecution team.

BENEFITS

“Had they been private practitioners it would cost the state 400% more than what their monthly stipends are. They, however, enjoy fringe benefits they would not have in private practice,” he said.

These benefits include job security and pension-related benefits, he said.

“If prosecutors are admitted legal practitioners they should definitely enjoy increased stipends, but only if they are effective and work,” he said.

Metcalfe said Marondedze is approaching retirement, which raises questions about the future of the prosecution team handling the case.

“It is going to be incisive to see what is contrived to extend his tenure, but nothing stops the prosecutor general from retaining him by paying fees due to a practitioner in private practice,” he said.

Another lawyer yesterday said: “Practitioners with 10 or more years’ experience would probably charge around N$5 000 per hour, while those with 20 or more years’ experience could charge as much as N$7 000 per hour.”

At those rates, the lawyer said, a single senior practitioner could earn between N$800 000 and close to N$2 million per month, depending on the workload.

The Namibian in the past reported that former minister of fisheries and marine resources Bernhard Esau and two of his co-accused in the Fishrot corruption and fraud case have withdrawn their applications to have more than N$6 million released from their restrained assets so they can pay their legal fees.

Lawyers Florian Beukes, representing Esau and his son-in-law Tamson Hatuikulipi, and Trevor Brockerhoff, representing Ricardo Gustavo, at the time informed judge Orben Sibeya in the Windhoek High Court that they decided to withdraw the applications to have money released from the men’s assets, which are restrained under a court order in terms of the Prevention of Organised Crime Act.

State prosecutor Lutibezi, under the guidance of deputy prosecutor general Marondedze, gained widespread public attention in 2020 when they cross-examined the Fishrot accused, including Esau.

Former attorney general Sacky Shanghala has 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.

The Namibian last week reported that negotiations to increase the duo’s salary involved the Public Service Commission, which insisted that any increase be confined within existing regulations.

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

RECOGNITION

Corporate governance expert and legal adviser Ntelamo Ntelamo says employees who are resourceful need to be fully recognised before they threaten to resign.

Speaking to The Namibian last Thursday, Ministry of Justice and Labour Relations spokesperson Edmund //Khoaseb said the ministry will not comment on internal personnel 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.

The spokesperson 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,” //Khoaseb said.

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