Shanghala employee denies meddling in ACC probe

AN employee of former justice minister Sacky Shanghala and his business partner James Hatuikulipi denied in the Windhoek Magistrate's Court yesterday that he tried to remove potential evidence from Shanghala's house in Windhoek before his arrest in December last year.

Nigel van Wyk's denial came during the hearing of an application by Van Wyk to be granted bail.

Van Wyk (33), who, together with Shanghala, is charged with defeating or obstructing the course of justice, told magistrate Ivan Gawanab he would deny guilt on that charge and also on fresh charges of money laundering that have been added to his case.

He said when he went to Shanghala's house in Windhoek on 14 December last year, he was only carrying out Shanghala's instructions to set up an office for him following his resignation as justice minister and subsequent arrest near the end of November last year.

“It's very straightforward,” Van Wyk said.

“I was just doing my job. I didn't go to the house to remove documents or destroy evidence.”

According to Van Wyk, he collected two bags which he knew Shanghala always carried with him, a computer screen and a power supply box from Shanghala's house, intending to take those to a building in Windhoek West where he was going to set up an office for the arrested ex-minister, when Anti-Corruption Commission (ACC) officers arrived at the house and he ended up being arrested on the evening of 14 December.

He has been in jail since then.

Van Wyk said he did not check the contents of the two bags he took from Shanghala's house. When ACC officers checked the bags in his presence, he saw there were documents, memory sticks, bullets and a pistol magazine inside, he said.

In his testimony, Van Wyk initially referred only to “my co-accused” without mentioning any names, and also appeared reluctant to say who he was referring to when he used that term.

Under cross-examination by public prosecutor Hesekiel Ipinge, he confirmed he was talking about Shanghala, as well as James Hatuikulipi when he used the term “my co-accused”.

Van Wyk said he was previously employed as a legal clerk in the Ministry of Justice, and since the start of November 2017 was employed as “operational executive” by the close corporation Olea Investments No 9 CC of Shanghala and Hatuikulipi.

He also said as an employee of Olea Investments his responsibility was to manage the activities of the farm Dixie, which is owned by Shanghala and Hatuikulipi through the close corporation. The farm is situated in the Leonardville area in the Omaheke region.

Van Wyk told the court he received several payments into his bank account during his employment by Olea Investments, and he used those funds to pay expenses related to farm Dixie.

With the state alleging that Van Wyk committed money laundering through the use of his bank account to receive close to N$700 000 from the close corporation Otuafika Logistics and nearly N$310 000 from Olea Investments, and that those funds had been the proceeds of crime, Van Wyk said he had no idea where the money originated from, that he used it to pay Olea Investments' expenses, and that as an employee he was not in a position to question Shanghala and Hatuikulipi about the origins thereof.

The bail hearing is due to continue today.

Van Wyk is being represented by defence lawyer Jermaine Muchali.