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At all times relevant hereto accused 1 Teckla Nandjila Lameck was employed as
a Public Service Commissioner by the Government of the Republic of Namibia
and subject to the Public Service Commission Act, 1990 (Act 2 of 1990). In
terms of Section 3(2) of the Public Service Commission Act, 1990 (Act 2 of
1990): ´ ›

   



    
    

 
   

    

 
 

  
  
   
.µ

Accused 1 was also a director of Namib Contract Haulage (Pty) Ltd until her
resignation as a director on 16 March 2009.
 2

Accused 2 was at all relevant times in the employment of Nuctech a

corporation incorporated under the laws of the People·s Republic of China with
its principal office at 2/F Block A, Tongfang Building, Shuangquinglu, Beijing,
China.

Accused 3 was also employee and financial manager on Namib Contract

Haulage (Pty) Ltd until his resignation as a director on 31 March 2009.

On 7 January 2003 Naapopje Trading CC 2003/0007 was registered with

accused 1 as its sole member.

On 25 January 2005 The Kongom Trading CC CC2005/0121 was founded with

Kongo Jerobeam Mokaxwa, accused 3 is its sole member

On 15 April 2005 the Anti-Corruption Act 8 of 2003 came into operation

Between 15 May 2006 and 25 May 2006 Accused 1 and accused 3 travelled to
China. On about 22 May 2006 Namib Contract Haulage (Pty) Ltd were involved
through accused 1 and 3 in negotiations with China FAW Group Import &
Export Corporation to inter alia purchase 8 tipper trucks for US$36 000.00
each and a total purchase price of US$288 000.00. Between 24 June 2006
and 4 July 2006 Accused 1 and accused 3 again travelled to China for this
purpose.

On about 16 December 2006 accused 1 and 3 were again send to China by

Namib Contract Haulage (Pty) Ltd in respect of this contemplated purchase.
Accused 1 and 3 affected a false commercial invoice to be created on which the
unit price for the eight tipper trucks were increased to US$54 000.00. This
falsely increased the lot price of the eight tipper trucks to US$432 000.00. This
false invoice were then used by Accused 1 and 3 to convince Namib Contract
Haulage (Pty) Ltd to inter alia pay that amount to China FAW Group Import &
Export Corporation for the eight tipper trucks.
 =

Accused 1 and 3 then used the additional US$144 000.00 so created by the
false invoice to ´purchaseµ 4 additional tipper trucks from China FAW Group
Import & Export Corporation for themselves and or other entities. These
additional 4 tipper trucks were then forwarded to Namib Contract Haulage (Pty)
Ltd together with their originally ordered eight tipper trucks. The real purchase
price for the 12 tipper trucks in fact were still US$36 000.00 each.

When the 12 tipper trucks arrived in Namibia Accused 1 and 3 convinced

Namib Contract Haulage (Pty) Ltd that they [Accused 1 and 3] privately
purchased the four additional trucks. After Namib Contract Haulage (Pty) Ltd
was so convinced these four tipper trucks were released to accused 1 and
accused 3 and taken by them. Accused 1 and 3 however did not purchase
these four tipper trucks but obtained them while Namib Contract Haulage (Pty)
Ltd paid for it. Neither accused 1 and/or accused 3 were, or are, entitled to
ownership or possession of these four tipper trucks but obtained it through
their false representation. Neither accused 1 and/or accused 3 had the
permission of Namib Contract Haulage (Pty) Ltd to use the funds of Namib
Contract Haulage (Pty) Ltd to ´purchaseµ these four tipper trucks.

On 1 October 2006 accused 2, approached Accused 1 with a proposal for a

strategic partnership between Nuctech and Namib Contract Haulage (Pty) Ltd
in which Phase 1 will be a Pilot stage during which Namib Contract Haulage
(Pty) Ltd coordinate and promote the signing of a soft loan between the Chinese
Government and the Namibian Government and to have the Namibian
Government request to use part of the soft loan to purchase scanners from
Nuctech. Phase 2 would be an agency stage during which Namib Contract
Haulage (Pty) Ltd would ensure that the Namibian Government made further
use of the facilities of the soft loan to purchase further scanners from Nuctech.
Nuctech will pay Namib Contract Haulage (Pty) Ltd an average commission of 8
percent of the selling price for the scanners or agreed profit sharing ratios
above the manufacturing cost of US$ 2,55 million per set. The final and Phase
 °

3 would be a joint venture stage between Nuctech and Namib Contract Haulage
(Pty) Ltd.


On 8 January 2007 Rong Yonglin Chairman of the Board of Nuctech gave
Accused 2 a Power of Attorney to act as Senior Oversees Marketing Manager of
Sales and Marketing Department of West Europe/Africa of Nuctech to negotiate
and sign any relevant agency agreements in the territory of Southern Africa.

On 20 February 2007 Teko Trading CC was registered with both of accused 1

and accused 2 being a 50 % member in the close corporation.

On 27 March 2007 Accused 1 and accused 3 received a proposal for an agency

agreement between Nuctech and Teko Trading CC. It was proposed that the
commission rate will be counted on the percentage of the total contract price. If
it was not less than US$2.5 million per unit the proposed commission would be
10% of total sales. Between US$2.6- US$3.0 million per unit the proposed
commission would be 12% of total sales. Between US$3.0- US$3.5 million per
unit the proposed commission would be 15% of total sales. Between US$3.5-
US$4.0 million per unit the proposed commission would be 20% of total sales.
Between US$4.0- US$4.5 million per unit the proposed commission would be
25% of total sales. Between US$4.5- US$5.0 million per unit the proposed
commission would be 35% of total sales. Between US$5.0- US$6.0 million per
unit the proposed commission would be 40% of total sales.

On 3 April 2007 three (3) Co-operation (Agency) Agreements were signed
between Nuctech en Namib Contract Haulage (Pty) Ltd. Accused 1 signed on
behalf of Namib Contract Haulage (Pty) Ltd and accused 2 on behalf of
Nuctech. It inter alia agrees to a commission 10% of total sales for bottom price
of US$2,5 Million per Unit by Nuctech to Namib Contract Haulage (Pty) Ltd and
a commission 50% of total amount exceeding the bottom price of US$2,5
 h

Million per Unit for scanners that the Namibian Government may order.

On the same date 3 April 2007 an agency agreement was signed between Teko
Trading CC and Nuctech by Accused 1 and Accused 2. Commission 10% of
total sales for bottom price of US$2,5 Million per Unit Commission and 50% of
total amount exceeding the bottom price of US$2,5 Million per Unit


On 5 June 2007 Accused 1 wrote a letter to His Excellency President Pohamba
in which she requested a reappointment as Public Service Commissioner as her
first 5 year period would be ending on 20 October 2007.


Accused 2 obtained a business visa to visit Namibia on 9 October 2007 until 8
January 2008



On 25 October 2007 Accused 1 wrote a motivation letter requesting work
permit on behalf of Accused 2 with Namib Contract Haulage (Pty) Ltd. Accused
2 entered Namibia via Hosea Kutako on 26 October 2007 In an application for
visa dated 29 October 2007 Accused 2 indicated that he·s employed with
Namib Contract Haulage (Pty) Ltd as Marketing Manager. Accused 1 gave an
undertaking on behalf of Accused 2 on 29 October 2007 and Accused 3 signed
as witness. Accused 1 employed Accused 2 as per contract of employment with
Namib Contract Haulage (Pty) Ltd signed on 29 October 2007. In fact Accused
2 was never employed by Namib Contract Haulage (Pty) Ltd.

On 9 November 2007 Accused 1 was reappointed as Public Service

Commissioner for 5 years.


On 20 November 2007 Teko Trading CC opened a bank account


On 5 December 2007 Accused 2 was granted board approval for a work permit
or 24 months. On 7 December 2007 he was granted an employment permit
 ·

until 15 December 2009 with Namib Contract Haulage (Pty) Ltd.

On 14 May 2008 Ministry of Finance and Nuctech company Limited entered
into a purchase contract. Accused 2 as authorized representative of Nuctech
and the Permanent Secretary of Finance. In terms of the agreement the
Namibian Government would purchase Ten (10) THSCAN X-Ray
Container/vehicle Inspection Systems, Six (6) THSCAN MB1215BS X-Ray
Relocatable Container/Vehicle Inspection Systems, One (1) THSCAN
MT1213DE X-ray Mobile Container/Vehicle Inspection System, One (1)
THSCAN CT3000 X-ray Air Cargo CT Inspection System, Two (2) THSCAN
AC6000BS X-ray Air Cargo Inspection System, Three (3) THSCAN X-Ray
Baggage Inspection Systems and Three (3) THSCAN CX100100T X-Ray Baggage
Inspection Systems and spare parts. The purchase price was for US$ 55 348
800.00. US$12 828 800.00 would be paid by the Namibian Government as an
advance payment and the rest would be financed by a concessional loan
previously obtained by the Namibian Government from the Chinese
Government.

The three accused ensured that the purchase price for the agreement was
inflated by accused 2 to ensure that they can receive their commission and
Nuctech will be prepared to pay such commission without losing anything and
as the Namibian Government would be paying their commission. This they did
as is more fully set out in Count 2 and its alternative counts.


Shortly after the agreement was signed and on 19 May 2008 an agency
agreement was signed between Nuctech [Accused 2] and Teko Trading CC
[Accused 1]. It provided that Nuctech will pay Teko Trading CC a commission of
US$ 12 828 800.00 on the contract price of the agreement between the
Namibian Government and Nuctech.



On 8 October 2008 Teko Trading CC amended its founding statement.

 4

On 11 December 2008 Accused 1 declared her interest to His Excellency the
President of Namibia. She declared and interest in the Road Fund
Administration-Director, August 26-Director, Namdeb-Director, Namib
Contract Haulage-Director, Financial Insurance Services-Director, Kunene
Energy-Shareholder, Teko Trading CC-Shareholder, Naapopje Trading CC-
Shareholder and Part time farming. She did not request, nor was she granted,
the consent of the President to perform or engage herself to perform
remunerative work outside the duties of his or her office as Public Service
Commissioner.


On 2 January 2009 Teko Trading CC and Knowledge Resources (Pty) Ltd
signed a lease agreement for office accommodation for Teko Trading CC who
until then operated from the residence of accused 2.


On 15 January 2009 a Contract of Partnership: Senior Consultant [Consulting
partner] between Accused 2 and Teko Trading CC was signed by Accused 1 and
Accused 2. It provided that Accused 2 would be entitled to ´40% of total project
incomeµ«after «µthe arrival of each incomeµ.

On 28 January 2009 Teko Trading CC is informed that is was registered for

Value-Added Tax under the Value-Added Tax Act 10 of 2000. For purposes of
returns in terms of the Act it was placed as Category B from 1 February 2009
and returns for the period of February-April 2009 must have been be lodged
on or before 25 May 2009. Not such returns were lodged and not value-added
tax was paid by Teko Trading CC although it was involved in a taxable activity
in terms of the Act.


Also on 28 January 2009 accused 3, on behalf of The Kongom Trading CC,
wrote a letter to the Receiver of Revenue dated 28 January 2009 which received
on 30 January 2009 to which he attached nil returns and indicated that The
 X

Kongom Trading CC has been dormant and has not operated or traded since
incorporation and registration [i.e. from 25 January 2005 till January 2009
This statement was false as The Kongom Trading CC was in fact operating and
was not dormant and in fact had to submit value-added tax returns and pay
value- added tax as it was involved in a taxable activity in terms of the Act.

On 10 February 2009 an Agency agreement H-2-09-0070 was signed between
Nuctech [Rong Yonglin] and Teko Trading CC [Accused 1]. The agreement refers
to agreement between Nuctech and the Ministry of Finance signed on 14 May
2008. Nuctech agrees to pay Teko Trading CC a fee is US$ 1 600 108.05


On 10 February 2009 another Agency agreement H-2-09-0071 was signed
between Nuctech [Rong Yonglin] and Teko Trading CC [Accused 1] Nuctech
agrees to pay Teko Trading CC a fee is US$ 2 629 300.00.


On 27 February 2009 the Ministry of Finance paid Nuctech the advance
payment of US$ 12 828 800.00.

On 3 March 2009 Accused 1 issued a Commercial Invoice Number INV 001073

for Contract H-2-09-0070 for U$ 1 600 108.05 to Nuctech. On 3 March 2009-
Accused 1 wrote a confirmation letter to Nuctech that work has been completed
under Contract H-2-09-0071. On 3 March 2009 Accused 1 issued a
Commercial Invoice Number INV 001071 for Contract H-2-09-0071 for U$ 2
629 300.00 to Nuctech. Also on 3 March 2009 she issued a Commercial Invoice
Number INV 001072 for Contract H-2-09-0071 for U$ 1 120 000 ²Second
Payment on Contract H-2-09-0071 to Nuctech.

On 11 March 2009 U$ 1 509 280.00 [N$ 15 221 088.80] amount was originally
U$ 1 509 300.00 was transferred into Teko Trading CC·s bank account
purportedly for contract H2-09-0071 .
 Ä

On 13 March 2009 U$ 1 119 980.00 [N$ 11 065 402.00] amount was originally
U$ 1 119 980.00 was transferred into Teko Trading CC·s bank account
purportedly for contract H2-09-0071

On 16 March 2009 U$ 1 600 088.05 [N$ 15 776 868.17] amount was originally
U$ 1 600 088.05 was transferred into Teko Trading CC·s bank account
purportedly for contract H2-09-0070.

The amounts so paid into the bank account of Teko Trading CC were shared by
Accused 1, 2, 3 and others. Amongst payments from the account is a payment
on 24 March 2009 to Fiegenfeld Farming CC for 200 heifers for the amount of
N$ 1 136 000.00. After the money were deposited into the bank account of
Teko Trading CC accused 1 and 3 directly and indirectly authorized or
permitted or were parties to made loans from the assets of Teko Trading CC to
themselves the members, to other corporations in which accused 1 or 2 or both
accused 1 or accused 2 held more than fifty percent interest and to companies
or other juristic persona that was controlled by accused 1 or accused 2 without
a prior obtained written consent in writing of all the members. Accused 1 and 2
also did not keep proper accounting records as are necessary fairly to present
the state of affairs and business of the corporation for Teko Trading CC as is
required by the Close Corporations Act 26 of 1988.
Accused 1 and 2 ran the business of Teko Trading CC recklessly, with gross
negligence or with the intent to defraud or for any fraudulent purpose. They
depositing assets of Teko Trading CC into their bank accounts and/or accounts
they had sole access to. They also deposited assets of Teko Trading CC into
bank accounts of their personal creditors and/or accounts their personal
creditors had sole access to and failed to pay value-added tax and did not keep
enough assets to pay such value-added tax. Accused 1 and 2 generally
conducted the business Teko Trading CC as if it is not a separate legal entity to
which they own a fiduciary duty but as if the property of the close corporation
 ˜

is there for their personal advantage and personal use and for the payment of
their personal creditors as well as other persons.

On 16 March 2009 Accused 1 resigned from Namib Contract Haulage (Pty) Ltd
as a director.
On 31 March 2009 accused 3 resigned with immediate effect from Namib
Contract Haulage (Pty) Ltd.


Accused 1, being a public officer failed to report the fact and the information
that she had been promised, offered, or given a gratification, to Chairman of
the Public Service Commission or the President of the Republic of Namibia and
the Anti-Corruption Commission The in fact received the gratification and
acted in the manner fully set out in counts 8 to 13.


On 5 May 2009 the Prevention of Organised crime Act 29 of 2004 came into
operation. Thereafter accused 1, 2 and 3 laundered money derived from or
forming part of proceeds of unlawful activities in terms of the said Act by
entering into agreements or engage in arrangements or transactions with
anyone in connection with that property, whether those agreements,
arrangements or transactions is legally enforceable or not; or performing any
other act in connection with that property, whether it is performed
independently or in concert with any other person, while those agreements,
arrangements, transactions or acts have or is likely to have the effect of
concealing or disguising the nature, origin, source, location, disposition or
movement of the property or its ownership, or any interest which anyone may
have in respect of that property; or of enabling or assisting any person who has
committed or commits an offence, whether in Namibia or elsewhere to avoid
prosecution and to remove or diminish any property acquired directly, or
indirectly, as a result of the commission of an offence. They also acquired,
used, possessed and brought into, or taking out of, Namibia property and while
 ˜˜

they knew or ought reasonably to have known that it is or forms part of the
proceeds of unlawful activities.


On 10 April 2009 a supplementary Agency agreement H-2-08-0941(1) was
signed between Nuctech [Rong Yonglin] and Teko Trading CC. On the same
date a Consultancy Agreement [Nuchk/Teko-09-F016_ was signed between
Nuctech Hong Kong [ Li Zhijun] and Teko Trading CC [Accused 1] for the
amount US$ 3 330 560.54. This amount was payable in two payments of US$
2 833 698.72 and US$ 496 861.82.
Also on 10 April 2009 a further
consultancy agreements [Nuchk/Teko-09-F017_ was signed between Nuctech
Hong Kong [ Li Zhijun] and Teko Trading CC [Accused 1] for the amount US$ 1
869 586.77. A third consultancy agreement [Nuchk/Teko-09-F018_ between
Nuctech Hong Kong [ Li Zhijun] and Teko Trading CC [Accused 1] was signed
on 10 April 2009 for the amount US$ 3 399 244.65.



On 23 April 2009 accused 2 again applied for visa to work at Teko Investment
Holding (Pty) Ltd. On 23 April 2009 Accused 1 again wrote a motivation letter
for Accused 2 stating that he·s working as international marketing manager
with Teko Investment Holding (Pty) Ltd


On 18 June 2009 Accused 2 registered Jasper Consultancy and Investment CC
[Cc/2009/2307] of which he was the sole member.




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1. Nelius Bekker Anti-Corruption Commission,
Windhoek
2. Lukas Shilunga Nanyemba Bank Windhoek,
Corporate Division
3. Hartmunt Riedel MTC, Namibia
 ˜2

4. Carl Hermann Custav Schlettwein Ministry of Finance

Windhoek
5. Jacqueline Umuna Tjiseseta Ministry of Finance
Windhoek
6. Titus Victor Kamatuka Erf 1824, Linda Street,
Khomasdal
7. Seloma Theodora Julius Ministry of Finance
Windhoek
8. Meriam Onesmus Ministry of Finance
Windhoek
9. Willem Olivier Anti-Corruption Commission,
Windhoek
10. Anna Mbundu No.1 Bruce Street, Klein
Windhoek
11. Johannes Bernardus Le Roux Aquinas Street, No. 50
Academia
12. Johanna Martina Catharina Potgieter No. 9 Papageien road,
Hochland Park, Windhoek
13. Bevan Sililo Simataa 51 Jordan Street Pionerspark
14. Hendrina Delina Du Plessis 19B Schlertwein Street,
Pioneerspark
15. Ndilokelua Elizabeth Negumbo Ministry of Home Affairs &
Immigration, Windhoek
16. Walter Kurz Anti-Corruption Commission
Windhoek
17. Godfrey Libetwa Kabozu Ministry of Finance
Windhoek
18. Anna Husselman Ministry of Trade, Windhoek
19. Oberty Inambao Anti-Corruption Commission
Windhoek
20. Sem Namene Erf 7851, Hawaii Street,
 ˜=

Golgotha Katutura
21. Chris Conrad Classen Ministry of Finance Windhoek
22. Lennox Mwiya Ministry of Finance Windhoek
23. Peter Lesley Esterhuizen Ministry of Finance Windhoek
24. Sirkka Ausiku Erf No 18 Eulenwerg Street
Hochland Park Windhoek
25. Zacky Nefungo Nujoma 4 Turgoois Street Eros Park,
Windhoek
26. Shalk Willem Pienaar Louw ² GS Fainsinger and
Associates Windhoek
27. Wilhelmina Helena Spies GM Flar Safari Hotel
Windhoek
28. Jeremy Nico Hangula Erf 5697 Lazarus street,
Katutura
29. Neville Bruce Davids Bank Windhoek
Windhoek
30. Sinovia Binga Erf 1587 Tobol Street,
Wanaheda
31. Lynnox Mwiya Ministry of Finance Windhoek
32. Ericah Shafudah Ministry of Finance Windhoek
33. Katrina Fransina Diedericks Minstry of Home Affairs and
Immigrations Windhoek
34. George Simatta Ministry of Works, Transport
& Communication Windhoek
35. Robert Haufiku Kalomho 115 John Meinert Street,
Windhoek
36. Lua Changhua Hochlandpark Windhoek
37. Liu Jianbo 52 Chamonix Street, Auas
Blick, Windhoek
38. Gajus Cloephas !Nowaseb Anti-Corruption Commission
Windhoek
 ˜°

39. Michael Klein 34 Gutsche Street, Eros

40. Vivian Romeo de Koe Ministry of Finance Windhoek
41. Willem Olivier Anti-Corruption Commission
Windhoek
42. Tjekero Tweya Ministry of Finance Windhoek
43. Eddie SM Amkongo Public Service Commission
Windhoek
44. Cecilia Ndishishi Ministry of Finance Windhoek
45. Selma Iihuhua Ministry of Finance Windhoek
46. Saara Kuugongelwa ²Amadhila Ministry of Finance Windhoek
47. Descartes Brian Kauta Nedbank Windhoek
48. Secilie li fo State House Windhoek
49. Hortensia Kamosho State House Windhoek
50. Etuna Nashima Kalahari Holdings (Pty) Ltd
Windhoek
51. Alweedo Penda Mongudhi Eunda Village, Onesi
Constituency, Omasati Region
52. Ryan Ashley Cloete Bank Windhoek Windhoek
53. Elias Shanyengana Namib Contract Haulage (Pty)
Ltd Windhoek
54. Albertina Ngeno Mukulu Namib Contract Haulage (Pty)
Ltd Windhoek
55. Maria Kafula Namib Contract Haulage (Pty)
Ltd Windhoek
56. Cornwell Chadya Erf 568 Rietfontein Street,
Kleine Kuppe
57. Leonard Haukongo Sean MacBride Street 47,
Olympia Windhoek
58. Kalumbi Shangula Kalahari Holdings (Pty) Ltd
Windhoek
59. Iyambo Iyambo - Valombola Church Street, Erf 4012,
 ˜h

Ongwediva
60. Taruvinga Machaya Namibia Global Fund
Programme Windhoek
61. David Narib No 560 Principe Street,
Rockey Crest
62. Wang Liming Nutech Company Limited 2/F
Block A, Tong Fang Building,
Shaungqinglu, Haidion
District, Beinjing.
63. Abraham Hendrick Knouwds Bank Windhoek Windhoek
64. Sumari Bezuidenhout Standard Bank Windhoek
65. Gideon Nasalowski First National Bank Windhoek
66. Eldorette Anarico Harmse Namibia Post Ltd Windhoek
67. Paulus Nangolo (Paulus Shiveinge Omafo
Wangolo
68. Alexander Shikemeni Bank Wiindhoek ² Walvis Bay
69. Namupembe Elia Tuhafeni Namibian Police (Ohangwena
CID)
70. Frans Kaluvango Omafo Village (Weyelu
Primary School, Engela Village
71. Leonard Lebeus Onuho Area, Ohangwena
Region
72. Michael Pandeni Sheelongo Town Council Helao Nafidi
73. Onesmus Tobias Amadhila Outapi, Omusati Region
74. Li Huayu Nutech Company Limited 2/F
Block A, Tongfung Building,
Shuangqinglu, Haidian
District, Beijing
75. Du Tingting Nutech Company Limited 2/F
Block A, Tongfung Building,
Shuangqinglu, Haidian
 ˜·

District, Beijing
76. Johannes Jacobs 36 Kenneth McArthur Street,
Erf 152, Olympia
77. Iyambo Iyambo Erf 4012,Ongwediva
78. William Lloyd Anti Corruption Commission
Windhoek
79. Hendrina Shikudule Anti Corruption Commission
Windhoek
80. Juias Iipinge Anti Corruption Commission
Windhoek

___________________
ADV. O.M. IMALWA
PROSECUTOR-GENERAL, NAMIBIA