By Werner Menges
Kelly Nghixulifwa, the former chief executive officer of the Roads Contractor Company (RCC), has been found guilty on charges of fraud and corruption under Namibia’s Anti-Corruption Act. Nghixulifwa and his co-accused, Hafeni Nghinamwaami, were both convicted this week, and their sentencing is scheduled for 30 July at the Windhoek High Court.
At the presentence hearing, Nghixulifwa’s defense lawyer, Veiko Alexander, argued that his client did not personally benefit from any of the offenses and was not driven by greed when committing the crimes. Nghixulifwa, aged 66, testified that the charges have severely impacted his personal and professional life, leading to significant financial hardships. He disclosed that since his suspension from RCC in 2006, he has spent approximately N$3.5 million on legal fees, leaving him with an outstanding balance of about N$600,000. Furthermore, he lost all of his immovable properties, including his Windhoek family home, and now rents a flat in the city.
Nghixulifwa, an engineering graduate from South Africa, was appointed as RCC CEO in 2002. He recounted that after being criminally charged in 2014, he lost business partners who viewed him as a liability. Describing his conviction as a “devastating blow,” he stated, “I’m living from hand to mouth.”
The charges stem from actions he took while serving as CEO, including a N$4.9 million payment made in 2005 for land related to the B1 City property development in Windhoek. This money ultimately benefited the company /Ae //Gams Engineering, led by businessman David Imbili, who was initially charged but later had the case against him withdrawn. Nghixulifwa was also convicted for securing a N$30,000 payment to an auditing firm for services rendered to a company owned by co-accused Nghinamwaami, and for authorizing a N$93,000 payment in 2006 to settle an employee’s home loan arrears, which he later reimbursed to RCC.
During the presentence hearing, Nghixulifwa’s lawyer proposed a fine of N$80,000 or a two-year prison term, with an additional two years suspended. In contrast, the state advocate, Hesekiel Iipinge, argued that a direct prison sentence was necessary to address the public concern over the misuse of national resources for personal gain.
Meanwhile, Nghinamwaami, who runs a successful catering business, was convicted for his involvement in a N$30,000 fraudulent payment. His defense lawyer, Trevor Brockerhoff, argued against imprisonment, stating that Nghinamwaami’s contributions to society should be considered.
Both Nghixulifwa and Nghinamwaami remain free on bail while awaiting their sentencing. The case included another defendant, Anna Ndoroma, who was acquitted of charges on Monday.
