Sisa Namandje defends Namcor accused despite Swapo leadership role

Lawyer Sisa Namandje has pushed back against criticism over his decision to defend suspects in the Namcor corruption case, saying that being a Swapo leader does not trump his constitutional rights to practice.

“I accept no intimidation when discharging my duties as a legal practitioner,” he said yesterday.

Namandje is representing businessmen and brothers Peter and Malakia Elindi, and Malakia’s wife, Lydia Elindi, in a case involving allegations of corruption of around N$400 million in public funds from the National Petroleum Corporation of Namibia (Namcor).

The trial, livestreamed on digital platforms, drew public attention on social media, including critics accusing Namandje of defending people who defrauded the state – while serving as a Swapo top leader.

Namandje is a member of the Swapo politburo and central committee, two of the ruling party’s top decision-making bodies.

Namandje said he is unapologetic about his role. He wrote an opinion piece published in today’s edition of The Namibian on page 11 titled: ‘The Sacred Place of Legal Practitioners in Namibia’.

Namandje yesterday dismissed criticism, saying law is the calling he has chosen, while others may have chosen something else, such as a career in “delivering votes of thanks at funerals and wedding ceremonies”.

“I am not the first Swapo senior leader to legitimately practice law while holding a position in the Swapo central committee and politburo.

My colleague, Hartmut Ruppel, after retiring as the attorney general of the Republic of Namibia, practised law at Lorentz & Bone for a number of years while at the same time a senior Swapo leader. There were no attempts to interfere with his professional law practice,” Namandje said.

He added that Landless People’s Movement president Bernadus Swartbooi and former Popular Democratic Movement member of parliament Vipukuaje Muharukua also practised law while being members of parliament.

“They represented accused persons. They were never accused of supporting crime,” Namandje said.

The lawyer said he is “slavishly” loyal to his clients and leaves no client behind enemy lines.

“I leave no client behind enemy lines. I accept no intimidation or interference with my constitutionally- and statutorily-sanctioned legal practice. This is the calling I chose”.

He added: “I will do a million more cases irrespective of the ‘rot’ tag placed on a particular case. I accept no intimidation when discharging my duties as a legal practitioner”.

He said for 35 years, the government has made budgetary provision in millions of dollars for accused persons to be represented by legal practitioners.

“No one accuses the government of supporting corruption or high treason when it spends millions on accused persons.”
He added that his law firm receives instructions from the Directorate of Legal Aid to represent accused persons, including in corruption cases.
“To those who are not suffering from ulterior political prejudices, my role, as that of any other legal practitioner, is well understood and respected,” Namandje said.

He said that article 12 of the Namibian Constitution gives those who are charged with criminal offences the right to be defended by a legal practitioner of their choice.

And in the Namcor case, it turns out to be Namandje “because of his skills, competence, and considerable knowledge of the law”.
He said he has the right to represent anyone facing criminal charges.

In most cases, according to him, people face false charges.

KATUSHA SPEAKS

Former prime minister Nahas Angula says Namandje should have recused himself from representing key suspects in the Namcor corruption case because of his position as a Swapo leader.

Angula told The Namibian on Sunday that Namandje should have reflected on his role in the party before deciding to represent the accused persons.

“I know that the law says that people are innocent until proven guilty. If I am part of the system, I was supposed to defend the system, but for lawyers, perhaps that ethic doesn’t matter…if I were him, I would have some difficulties,” Angula said.

He said if it were him, he would have taken a different approach.

“I would advise these people (accused) that better go to another lawyer because, in case you are found guilty, it would compromise my ethics. It would appear that

I was part of a scheme which is against the people, but that is a question that Mr Namandje has to answer,” Angula said.

Namandje said Angula’s comments are “surprising, downright wrong, and disappointing”.
“I have managed to successfully fight off and resist the temptation to rebuke him,” Namandje added.

“Nahas Angula is an icon of the Namibian liberation struggle and the father of Namibian education. I have nothing but the utmost respect towards him”.

Last week captured the paradox of Namandje’s public life. On Saturday, he was at Nkurenkuru saying the Swapo-led government is committed to effectively fighting corruption. Namandje is also the chairperson of Swapo’s national leadership assigned to the Kavango West region.

‘HAVING HIS CAKE AND EATING IT’

National Unity Democratic Organisation (Nudo) parliamentarian Vetaruhe Kandorozu says he believes that Namandje is conflicted.

“The Namcor case is very clear that Namandje is conflicted already as his practice was part of the negotiations deal of a claim from Enercon to the ministry of defence of oil delivery,” he says.

Kandorozu adds that Namandje’s law firm was involved in facilitating the flow of funds from the state to private individuals.

“Now, he is fighting for the same people not to be incarcerated,” he says.

He says he would not have had a problem if the Namcor accused are represented by lawyers who are not conflicted.

“But the fact that it’s done by a politically prominent member of Swapo leaves me with more questions than answers,” he said.

NEKONGO DEFENDS NAMANDJE

Swapo Party Youth League secretary Ephraim Nekongo has come to Namandje’s defence.

“He is a Namibian who has the right to do his work. Being a politburo and central committee member, or a senior party member, does not take away his right to earn a living. All of us are working to survive and feed our families,” Nekongo says.

He adds that it would be unfair for anyone to suggest that Swapo should restrict its members from pursuing their professional careers.

“My view is that he is simply doing his job, and he can represent anybody.

I don’t see anything wrong with that, because he is qualified and allowed to practice law, unless, of course, he were not a lawyer,” he says.

Nekongo says that every Namibian has the right to choose their legal representative, especially in cases where they believe the lawyer will do a good job.

He also cautions the public against rushing to conclusions about the outcome of ongoing court cases.

“Swapo’s position on corruption is very clear, we say it must be dealt with. But people must not judge cases before the courts have ruled. What if the court decides otherwise? For me, Sisa is doing his job.”

Political analyst Rui Tyitende says there is nothing in law that prevents Namandje from representing the state at one time, and representing accused persons being pursued by the state at another.

He asks that since president Netumbo Nandi-Ndaitwah’s declaration of corruption as treason, how does Namandje contribute towards discussions on corruption in the Swapo central committee or political bureau meetings?

“Does he propose legal reforms on the issue to assist his president and party, and do they discuss what transpired in institutions such as Namcor?” he said.

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