Sisa’s account on what happened with and to the millions and the Swapo Party

National

26 January 202114 October 2023

In summary, Sisa Namandje says:

he did not realize that the payment of N$2.5 million and N$15 million came from Fishcor and had anything to do with “Government Objectives
that the N$5 million made by a private company Esja Mermaria had nothing to do with Fishcor or Government.
He is not aware to this date whether or not Fishcor’s internal processes and procedures were followed in making the queried payments.

N$16m paid in February 2012 was done after Mr Henock Nantanga and Mr Rodgers Kauta (a legal practitioner no longer in practice) opened a file with his office

Mr Nantanga consulted later and had in his possession a quota usage agreement (or Invoices) between Yucor Investments (‘Yucor’), a joint venture company in the process of being registered.
Yucor belonged to the SWAPO Youth League and was part of the Yucor Joint Venture through one of its companies.
He said he was told that the Minister of Fisheries Bernard Esau had issued directives that the new fishing right holders must form joint ventures made up of five Individual right holders for purposes of fishing quota allocations.
He said he was advised that fishing quotas will be allocated to the joint ventures only and not directly to the individual right holders. He was made to understand that Yucor was one of such joint venture company comprised of five companies, including a company in which the SWAPO Party Youth League had an interest.
He discovered that the invoices showed that Esja had bought quotas from the joint venture Yucor at a quota usage amount of N$16 million.
When he asked who Esja was, he was told by Mr Nantanga that it was a Namibian registered company established by an international company involved in the fishing industry as an operator, in other words, a company that simply operates fishing vessels and did not have fishing rights or quotas.
It was explained that First National Bank was still busy opening a bank account for Yucor and the company registration documents were also still being worked on by auditors.
He was therefore informed that Yucor had decided that the N$16 million as quota usage fee to Yucor must be deposited in Sisa Namandje & Co.’s trust account while waiting for the opening of Yucor’s FNB account.
The law firm then dealt with the funds on the client’s instructions. How the funds were disbursed and used is a matter directly at the heart of attorney/client privilege and confidentiality and the law firm is thus under no obligation to disclose such privileged information as advised by counsel.
To this date, Namandje said he has no knowledge if these funds had anything to do with Fishcor nor does he have knowledge if same have anything to do what he now understands to be “Government Objectives”, or if these funds where not supposed to be paid to his firm’s trust account for and on behalf of their client, or that same is public funds, he would not have known at the time.
He said before his consultation with Mr Nantanga it appeared Esja had already paid the amount of N$16 million into his trust account without the law firm accepting the mandate. This is not strange or unusual. The trust account details were at the time freely available and also appeared on our law firm’s letterheads at that time.
He said Mr Nantanga gave him a telephone number of Esja if he wanted to send the company profile since they are a big company and may need legal services. He then sent his law firm’s profile to Esja, hoping that they could engage for legal services.
Namandje said based on his consultation with Mr Nantanga and his own assessment of Esja, he became aware that Esja was legitimately conducting business in Namibia as a fishing operator.
Based on the amount Esja paid to Yucor (N$16 million) and the fact that the company (Esja) is owned by an International company, Namandje obtained at the time necessary details that Esja was legitimately conducting business in Namibia and that it was a wealthy company. This information was enough to understand how it and its associated companies make their money in Namibia as fishing operators.
Namandje says since he never looked at trust bank statements at the time, he could not personally verify who the actual depositor of the N$16 million was. He just assumed at the time it was Esja as he was told.

FIVE MILLION FIVE YEARS LATER

When the law firm five years later received an amount of N$5 million from Esja / Mermaria during August 2017 in its trust account as a donation for the benefit of the SWAPO Party’s November 2017 Congress activities, he had no doubt on the legality of the company’s operation in Namibia or on the source of its funds as it was a fishing operator.
Namandje said he did not have any knowledge of any relationship between these companies and Fishcor in this context until November 2019. He also said he would also not have known if the funds had anything to do with Fishcor or with any other entity since there were no allegations of corruption concerning Fishcor and Esja in the public domain at that point which could have placed the law firm on heightened alert.

N$15 million paid by Fishcor Into Sisa Namandje & Co. trust account on 1 December 2015.

Somewhere at the end of November or beginning of December 2015, Mr Armas Amukwiyu, Regional Coordinator of SWAPO in the Oshikoto region and a director of Babyface or Profile contacted Namandje and informed him that he was in Windhoek and that he and Mr Vaino Nghipondoka of Babyface had opened a file at his office, or they were to open a file.
He did not have a long conversation with Amukwiyu but informed him that as usual he should go to the office and deal with any lawyer that may be available, and in case he was available he would be happy to assist him after a file had been opened.
They did not discuss any details with Amukwiyu, but he mentioned the fact that he and Mr Vaino Nghipondoka were expecting their funds and that they had given the law firm’s trust bank account but did not say from who.
This did not come as a surprise to Namandje because like other law firms, he said they get nominated by parties in numerous transactions to receive money on behalf of clients and deal with such in accordance with instructions.
There was, therefore, nothing strange or amiss as the law firm receives money on behalf of clients as creditors, judgment creditors etc. According to Namandje, they have many instances to this day where the money would be paid into their trust account without any prior consultation or notification, and only later would clients, third parties or beneficiaries attend at the office to open a file and give instructions. This is quite a common occurrence.
He said he knew that Amukwiyu at the time had a position of director or member of Babyface, a company or close corporation owned by Mr Vaino Nghipondoka, a businessman who is also called “Babyface”.
Furthermore, following Mr Amukwiyu’s telephone call the reception informed him that a file had been opened by Mr Amukwiyu and/or Mr Vaino Nghipondoka of Babyface, and payment was made according to the reception staff. After the file opening procedures, the reception staff issued a receipt for the N$15 million on the file.
Namandje also said, as usual, the reception staff, upon receiving money, would have spoken to either Mr Amukwiyu or Mr Nghipondoka in order to issue a receipt on the file and to make any enquiries If necessary.
A file is only transmitted or allocated to a lawyer from the reception staff once they have done their file opening work. Once this occurs, a lawyer handling the file will carry out the client’s instructions and debit past (outstanding), present or future fees in terms of section 30 of the Legal Practitioners Act, if any.
Namandje said he did not know at the time until November/ December 2019, that the payment of N$15 million came from Fishcor. The receipt issued does not show Fishcor as it is only the file name or client’s name that is indicated on the receipt issued as a practice.
To avoid this happening in the future, he said his law firm has changed this practice as it made it difficult for a lawyer dealing with the file to know who the actual depositor of money in the trust is if he/she/it is not our client and is simply paying money for the benefit of a client. The file that Mr Amukwiyu and Mr Nghipondoka opened was in the name of “Babyface”. Mr Nghipondoka himself is also called “Babyface”.
The file that Mr Amukwiyu and Mr Nghipondoka opened was in the name of “Babyface”. Mr Nghipondoka himself is also called “Babyface”.
Namandje did not speak to anyone at Fishcor, nor did he have any reason to think that the payment came from Fishcor. In any event, the payment of N$15 million at the time perfectly fitted the business or financial profiles of both Mr Amukwiyu and Mr Nghipondoka and/or their corporation Babyface.
His trust account’s receipts until this year 2020 would not necessarily reflect the name of the depositor if he/she is not a client like it was the case with Fishcor. The trust account’s receipts only reflected the name on the file opened or the name of the client and not the depositor of funds.
Sometimes receipts reflect the client’s shortened name as it appears on the file. So, in most cases, the lawyer to whom the file is allocated will not know the actual depositor (if payment is made by a third party who is not our client) unless the deposit slip was received and placed on the file. In this case, there was no deposit slip received and placed on the file.
As a state, Namandje said he did not personally know who the depositor of the N$15,000,000.00 was until this issue was raised mid-November 2019. It took the law firm until late November 2019 to trace the concerned old file.
He was then personally given the December 2015 trust bank statements after initially doubting allegations that Fishcor made a payment to our office in the past.
But he said even if had known at the time that the payment of N$15,000,000.00 came from Fishcor, it would not have triggered ay suspicion at all for a number of reasons:
Firstly, he knew from his dealings with the Namibian Fish Consumption Trust, which Trust our law firm advised in the past and continue advising, that Fishcor, as per its mandate under section 5 of the National Fishing Corporation Act, could sell and buy fishing products, including quotas. So, it would not be unusual to pay money to business entities or business personalities.
Secondly, during or about 2009 or 2010, he was asked by the former Chairperson of the SWAPO Party Think Tank to advise him on the possibility of some SWAPO companies acquiring Class C and D shares in Fishcor, which are provided for under section 5(5) and (6) of the Fishcor Act. He thereafter took it that the plans mooted at the time (2009 to 2010) for one or more SWAPO companies to acquire Fishcor Class C and D shares were carried through for SWAPO companies to acquire such Class of shares.
Thirdly, Fishcor with a Board of Directors and management would have followed its own internal procedures to make such a payment. He would not have had reason to doubt that internal procedures were followed. Over the years he has witnessed as some public companies (parastatals) publicly making donation pledges at SWAPO events.
Fourthly, under section 10 of the Fishcor Act, its affairs are reported to the Minister and National Assembly. Such a payment would thus be something that Fishcor would have transparently and publicly reported on in terms of its Constitutive Act.
According to Namandje, the law firm then dealt with the funds as per the instructions of Mr Amukwiyu and Mr Nghipondoka. Again, issues of client’s instructions are at the heart of attorney/client privilege and confidentiality.

N$2.5 million paid by Fishcor into Sisa Namandje & Co. trust account on 3 August 2017.

In the period leading to the 2014 National and Presidential Elections, between August and October 2014, the law firm was requested by the SWAPO Party to assist it with fundraising, in particular, to receive donations on its behalf from various business entities and individuals, including its election campaign activities. As a result, h hosted a fundraising event at Onyaanya, Oshikoto Region, and the funds raised were collected by the firm and paid over directly to the SWAPO Party.
In respect of individuals and companies across Namibia, the SWAPO Party requested that such funds be paid into the Sisa Namandje trust account.
A SWAPO Party donation file was opened, and various individuals and companies paid money into a trust account as a donation to the SWAPO Party between August and November 2014.
Again, the funds were dealt with as per the client’s instructions. This information is privileged and confidential and cannot be disclosed. After the November 2014 elections, instead of keeping the file open the reception staff inadvertently closed the file.
On or about 2 or 3 August 2017, he said he was informed by the office that there was a payment from a fishing company called “Seaflower”, which the reception staff was informed was a donation for the SWAPO Party 2017 Congress activities.
Obviously, in view of the previous receipt of donations, on behalf of the SWAPO Party during the period between August to November 2014, into the law firm’s trust account and the fact that the Party was as in fact preparing for its Congress activities later in that year and carrying out fundraising activities across the country, he was not surprised by a company paying a SWAPO donation into our trust account to assist the Party at the upcoming Congress during November 2017.
The trust bank details were circulated by SWAPO representatives in 2014 to many companies all over Namibia.
He was telephonically informed, that a “Mr Andreas” from “Seaflower”, informed the reception that “Seaflower” had made a donation of N$2.5 million towards the funding of the SWAPO Party 2017 Congress activities.
As far as he could remember, he was not given a full name of “Andreas”. As far as he remembered, he was informed while he was in Rundu during the period 2-3 August 2017 representing the former Namibian Army Commander General Thomas “Nopoudjuu” Hamunyela in a corruption case.
Namandje said he asked the reception staff to record/place the funds on the existing SWAPO donations file, i.e., the file opened in 2014.
He was informed that the file was already closed by then. He then indicated that the reception could then record/place the funds on an existing file of a trust in which the SWAPO Party is a 100% beneficiary, namely Lemon Square Fishing Trust Fund.
This trust was established during 2015 exclusively and 100% for the benefit of the SWAPO Party to receive any donation from any – donor as part of its social responsibility. A receipt was then issued on that trust’s file “Lemon Square” for which SWAPO is a 100% beneficiary. The file reflects the trust’s shortened name as “Lemon Square” and is also marked “obo SWAPO” which means “on behalf of SWAPO”.
Namandje also said that the donation was not made by Seaflower to the Lemon Square Trust but to the SWAPO Party. It was simply received in the aforestated existing SWAPO donation trust’s file.
Namandje said: I informed the SWAPO Party Secretary-General Mr Nangolo Mbumba of the donation from Seaflower.
He also said that he did not personally deal with the issuance of receipts or verification of deposits on bank statements in this respect, hence he only confirmed (after the payment was raised by the media during November/December 2019) that the payment of N$2,500,000.00 was made by Fishcor and not by Seaflower.
“Seaflower” referred to above, which he thought was the donor of N$2,500,000.00 only paid an amount of N$1,800,000.00 on 21 February 2019 in our trust bank account which pays the reception staff as part of the work queried the payment.
When he was informed of this payment, Namandje said he was surprised by the payment as Seaflower already made a donation for the SWAPO Party Congress in 2017 and there was no major imminent SWAPO’s event which publicly called for donations to the Party as yet like it was the case in 2017 in the run-up to the 6th SWAPO congress.
After this query, Namandje said he directed that the payment should be returned to the depositor (Seaflower) on 26 February 2019.
By this time he said his office had strengthened its capacity, and changed procedures and recruited more personnel, particularly at the reception to effectively deal with the workload and improve capacity on FIA compliance and vigilance.
When certain journalists raised the issue of a total amount of N$17.5 million paid into his trust account between 2015 and 2017, Namandje doubted the correctness of such allegations as he genuinely believed that there was never a payment from Fishcor into the law firm’s trust account as far as he knew.
As it was very difficult to search and investigate without specifics, and because the journalists who raised such issue did not give the law firm-specific dates, he decided to telephonically call Mr Mike Nghipunya the CEO of Fishcor during November 2019 and asked him whether Fishcor has ever paid an alleged amount of N$17.5 million into our trust account.
Mr Nghipunya, who was at the time out of the country, telephonically informed Namandje that as far as he could remember there was a payment of N$15 million made during December 2016 and he said this was the first time ever he had had a discussion with someone from Fishcor about these payments.
When he asked staff members to obtain the December 2016 trust bank statement, they could not find any payment of N$15 million from Fishcor alleged.
He said: I then called Mr Nghipunya again and informed him that we do not have a payment of N$15 million from Fishcor during December 2016 as he had informed me. He came back to me and stated that he was mistaken on the date and stated that he has confirmed with his finance manager that the payment was in fact made during December 2015.
It was then that Namandje tasked one of his personal assistants, Mr Jackson Janson, who searched and established that there was indeed a payment of N$15 million from Fishcor during December 2015.
Namandje said this was the first time he realized that the payment of N$15 million during December 2015 on a file opened by Mr Amukwiyu and Mr Nghipondoka was made by Fishcor. This occurred at the end of November 2019.
Again, he said he informed Mr Nghipunya that there were also allegations that there was a second payment of N$2.5 million made during 2017.
Nghipunya informed Namandje that Fishcor indeed paid an amount of N$2.5 million during August 2017.
Namandje said: It was thereafter that I verified with our trust bank statement that indeed the payment appeared to have come from Fishcor. At all relevant times until that time – November/December 2019 – I remained under the impression that the payment of N$2.5 million was made by Seaflower.
I want to point out that when I looked at the bank statements during November 2019 reflecting the payments of N$15 million in December 2015 and N$2.5 million during August 2017, I found that these payments were not referenced “Government Objectives” as suggested by some media houses; There was also nobody whoever told us that the funds have anything to do with the “Government Objectives”. In both files, the office was never provided with deposit slips. If such was ever sent to our office then same were never put-on files for me to note the details of the actual payer.
This matter having been heavily reported on in the media between November 2019 to date, it has now become clearer only during 2020 that there are actually two or more Seaflower companies, he said.
There appears to be a company “Seaflower” which is majority-owned by Fishcor (it appears to have some other shareholders), and there is another one “Seaflower Pelagic” in which Fishcor is simply a minority shareholder.
I was not aware of these multiple companies in which Fishcor is involved in under the name “Seaflower”. I at all times understood that Seaflower was a private company that made a donation of N$ 2.5 million to SWAPO and that is the information that I passed on to the firm’s client (SWAPO Party).

N$5 million paid by Mermaria into Sisa Namandje & Co. trust account on 28 August 2017.

On or about 27 or28 August 2017, Namandje said he was informed while in Johannesburg for work that there was a donation payment of N$5,000,000.00 made into the firm’s trust account for the benefit of the SWAPO Party’s Congress activities.
The office also referred Mr Samson Nghilumbwa, the former Chairperson of the Walvis Bay Municipality’s Management Committee and a member of the SWAPO Party Youth League (at the time) to Namandje, who informed him, that the donation of N$5,000,000.00 to SWAPO Party was made by Esja Mar/Mermaria after he and other SWAPO functionaries at the coast approached the company to raise funds for SWAPO Party’s upcoming Congress activities.
Namandje said: This did not surprise me as this is the same company involved in a Yucor Quota Usage Agreement where the SWAPO Party Youth League through one of its companies was a party. So, it already had a relationship with the SWAPO Party through the Youth League’s connection to Yukor, hence a donation.
By that time, because of my dealing with Yucor’s quota usage fee payment in 2012, I knew that Esja was a fishing operator. Mr Nghilumbwa also confirmed that the company that made a donation is in business with the SWAPO Party Youth League of which he was a member and a leader. The donation could therefore never raise any suspicion of unlawfulness on my part.
I advised the reception staff to receive the SWAPO donation on the same file on which the earlier SWAPO donation of N$2.5 million from Seaflower was recorded as both amounts were for the benefit of SWAPO Party and its upcoming 6th congress. I also informed the SWAPO Party. Again, the law firm dealt with the funds in consultation with and at the instance the client’s (SWAPO) representatives. The law firm and I also debited fees for work (including disbursements) and ad hoc services to SWAPO Party, including the review project on Its constitutional amendments and other documents, electoral process and reform of SWAPO companies and various legal opinions were given, and services rendered to the office of the SWAPO Party’s President etc., as fully entitled to in terms of section 30 of the LPA which reads as follows: –
Rights of legal practitioner with respect to money in a trust account the provisions of this Part shall not be construed as taking away or affecting any Just claim, lien counter-claim, right of set-off, or charge of any kind which a legal practitioner has against or on any amounts of money held or received by him or her on account of another person.”
Another issue I want to clarify is the alleged appearance of an entry “Government Objectives” on our bank statement of 28 August 2017 under which the donation by Mermaria/ Esja Mar was made. I was not aware that this payment from a private company was being queried. I first saw it in the summonses to my co-directors on 17 February 2020. I was in fact surprised for a private political donation by a private company to be queried, for I am of the view that any entity or institution could perfectly in terms of its own internal donation procedure make a political donation to any political organization.
I did not, prior to visiting the ACC offices on 5 March 2020, personally look at the trust bank statement of 27 and 28 August 2017 to confirm the payment of N$5,000,000.00 as I knew that the payment was indeed made by Esja Mermaria during August 2017.
At the meeting of 5 March, 2020 at ACC’s office Mr Andreas Kanyangela (the Investigating Officer) mentioned the fact that the deposit entry in respect of the N$5 million from Esja Mermaria reads “Government Objectives”. That was the first time when Mr Kanyangela showed Namandje on 5 March 2020 that he realized that for one or other reason the entry on the bank statement reads “Government Objectives”.
I do not know why and under what circumstances that entry was made. This amount was a political donation from a private company that was operating In Namibia as a fishing operator. If the money has anything to do with Fishcor, the law firm would never have known that fact.

Clarification of the payment from Mr Armas Amukwiyu

During our meeting, the members of the AGO also wanted me to say something about an amount of N$400,000-00 or N$500,000-00 paid by Mr Armas Amukwiyu at some point to trust, namely Shivute Shandjago Trust. No particular date was given. I can state that during 2014 to 2016 I received funds (repayment) from Mr Amukwiyu for either money borrowed in his personal capacity or money that he had to refund me for expenditure I incurred on his behalf in his capacity as the regional coordinator of the SWAPO Party in the Oshikoto region.
I remember that prior to the national elections in 2014 Mr Amukwiyu, at the time Mr Amukwiyu was serving as the Chairperson of the SWAPO Regional Coordinators Forum, approached me several times and asked for me to assist with the funding of their activities in Oshikoto region so as to refund me in future, as I understood at the time they did not have funds. He indicated that once the money is made available by the SWAPO Party Headquarters, he would refund me. I at the time advanced different amounts to him.
I also used my money to settle his or SWAPO’s debts incurred for his usage of my guesthouse at Onyaanya where he, during 2014 to 2015 hosted various groups of members of the SWAPO Party and regional coordinators and accommodated them. He at the time did not have funds. I was made to pay those expenses to the guesthouse, including funding catering services for the SWAPO Party’s guests.
I was frustrated to be asking Mr Amukwiyu over the funds which at the time, on my calculation, were over N$500,000-00 between 2012 to 2015. Despite promises from him to get money from the SWAPO headquarters, all went to nought. I remember that at one point he was able to pay part of the amount owed to me in the amount of about N$400,000-00. That should have been either late 2015 or early 2016. But even then, he remained owing me money. He later paid some amounts thereafter. In fact, Mr Amukwiyu was insisting that he has settled his debts to me by paying over N$500,000.00 but I corrected him that as far as I was concerned at the time, he still owed me money as he only paid around N$400,000.00 during December 2015 or early 2016.
I, therefore, confirm that there was a payment made by Mr Amukwiyu, which should be ±N$400,000-00 if I remember well.
There were other smaller amounts after that in repayment of funds used by me at his instance for and on behalf of his political work on behalf of the SWAPO Party in Oshikoto region.
In fact, I was also requested to fund other activities, including the construction of the SWAPO Party office at Onyaanya after it burned down, and promises were made for me to be repaid but I have been struggling to get my money.
Again, the last year 2019 I was asked to assist to buy a cow and other stuff for the SWAPO fundraising event at Omuthiya, Oshikoto Region in preparation for the November 2019 SWAPO Party election campaign in the region. I paid on a promise to be repaid but to this date, I have not yet been paid.
I have not enquired from Mr Amukwiyu as to where he found money, he repaid the debts due to me or to Shivute Shandjago Trust, but I would have thought that he must have refunded me from SWAPO Party funds or from his many businesses, including Oriental Tobacco CC In which he is a member. There is thus absolutely nothing amiss with this payment. I have no control and knowledge of as to where people that pay me back take their funds from. To this date, there is absolutely nothing wrong for payments to be made between the two of us. We are from the same are in the Oshikoto Region.

Sisa Namandje & Co. Inc. is not a supplier of services or goods to Fishcor

At the meeting of 1 October 2020, the ACC officers informed that Sisa Namandje &Co. Inc is listed by Fishcor as a supplier. As far as I could remember, the law firm had never supplied goods or services to Fishcor to this date. Fishcor itself, again, could explain as to why it listed us as suppliers. We are definitively not its suppliers.
The summons from AGO required the law firm to clarify payment of N$1,433,333.00 (according to the summons) made from the law firm’s trust account to “Lemon Square Investments (Pty) Ltd”. The law firm never made a payment of N$1,433,333.00 to the company “Lemon Square Investments (Pty) Ltd” on 7 September 2017 or on any other date as alleged in the ACC’s summons.
The company Lemon Square Investments (Pty) Ltd has nothing to do with any of the payments queried.