IN THE HIGH COURT OF NAMIBIA
In the matter between:
THE STATE
and
TECKLA NANDJILA LAMECK ACCUSED 1YANG FAN ACCUSED 2JEROBEAM KONGO MOKAXWA ACCUSED 3SUMMARY OF SUBSTANTIAL FACTS AND LIST OF WITNESSES IN TERMSOF SECTION 144(3)(a) OF THE CRIMINAL PROCEDURE ACT, NO. 51 OF1977
At all times relevant hereto accused 1 Teckla Nandjila Lameck was employed asa Public Service Commissioner by the Government of the Republic of Namibiaand subject to the Public Service Commission Act, 1990 (Act 2 of 1990). Interms of Section 3(2) of the Public Service Commission Act, 1990 (Act 2 of 1990): ´
A member of the Commission shall not without the consent of the President perform or engage himself or herself to perform remunerative work outside the duties of his or her office
.µAccused 1 was also a director of Namib Contract Haulage (Pty) Ltd until herresignation as a director on 16 March 2009.
2
Accused 2 was at all relevant times in the employment of Nuctech acorporation incorporated under the laws of the People·s Republic of China withits principal office at 2/F Block A, Tongfang Building, Shuangquinglu, Beijing,China.Accused 3 was also employee and financial manager on Namib ContractHaulage (Pty) Ltd until his resignation as a director on 31 March 2009.On 7 January 2003 Naapopje Trading CC 2003/0007 was registered withaccused 1 as its sole member.On 25 January 2005 The Kongom Trading CC CC2005/0121 was founded withKongo Jerobeam Mokaxwa, accused 3 is its sole memberOn 15 April 2005 the Anti-Corruption Act 8 of 2003 came into operationBetween 15 May 2006 and 25 May 2006 Accused 1 and accused 3 travelled toChina. On about 22 May 2006 Namib Contract Haulage (Pty) Ltd were involvedthrough accused 1 and 3 in negotiations with China FAW Group Import &Export Corporation to inter alia purchase 8 tipper trucks for US$36 000.00each and a total purchase price of US$288 000.00. Between 24 June 2006and 4 July 2006 Accused 1 and accused 3 again travelled to China for thispurpose.On about 16 December 2006 accused 1 and 3 were again send to China byNamib Contract Haulage (Pty) Ltd in respect of this contemplated purchase.Accused 1 and 3 affected a false commercial invoice to be created on which theunit price for the eight tipper trucks were increased to US$54 000.00. Thisfalsely increased the lot price of the eight tipper trucks to US$432 000.00. Thisfalse invoice were then used by Accused 1 and 3 to convince Namib ContractHaulage (Pty) Ltd to inter alia pay that amount to China FAW Group Import &Export Corporation for the eight tipper trucks.
3
Accused 1 and 3 then used the additional US$144 000.00 so created by thefalse invoice to ´purchaseµ 4 additional tipper trucks from China FAW GroupImport & Export Corporation for themselves and or other entities. Theseadditional 4 tipper trucks were then forwarded to Namib Contract Haulage (Pty)Ltd together with their originally ordered eight tipper trucks. The real purchaseprice for the 12 tipper trucks in fact were still US$36 000.00 each.When the 12 tipper trucks arrived in Namibia Accused 1 and 3 convincedNamib Contract Haulage (Pty) Ltd that they [Accused 1 and 3] privatelypurchased the four additional trucks. After Namib Contract Haulage (Pty) Ltdwas so convinced these four tipper trucks were released to accused 1 andaccused 3 and taken by them. Accused 1 and 3 however did not purchasethese four tipper trucks but obtained them while Namib Contract Haulage (Pty)Ltd paid for it. Neither accused 1 and/or accused 3 were, or are, entitled toownership or possession of these four tipper trucks but obtained it throughtheir false representation. Neither accused 1 and/or accused 3 had thepermission of Namib Contract Haulage (Pty) Ltd to use the funds of NamibContract Haulage (Pty) Ltd to ´purchaseµ these four tipper trucks.On 1 October 2006 accused 2, approached Accused 1 with a proposal for astrategic partnership between Nuctech and Namib Contract Haulage (Pty) Ltdin which Phase 1 will be a Pilot stage during which Namib Contract Haulage(Pty) Ltd coordinate and promote the signing of a soft loan between the ChineseGovernment and the Namibian Government and to have the NamibianGovernment request to use part of the soft loan to purchase scanners fromNuctech. Phase 2 would be an agency stage during which Namib ContractHaulage (Pty) Ltd would ensure that the Namibian Government made furtheruse of the facilities of the soft loan to purchase further scanners from Nuctech.Nuctech will pay Namib Contract Haulage (Pty) Ltd an average commission of 8percent of the selling price for the scanners or agreed profit sharing ratiosabove the manufacturing cost of US$ 2,55 million per set. The final and Phase
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