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Impounded fish factory released

Attorney general Martha Imalwa on Nov 30, 2020, has released the 'Heinaste' valued at N$400 million – despite accusing the owner company of profiting N$547 million from “corrupt” Fishrot deals. In an affidavit filed at the Windhoek High Court, Imalwa stated that the international fishing company allegedly gained N$547 million by ensuring bribes were paid through its companies to five of the six Fishrot accused. Imalwa made damning revelations in court papers meant to attach assets belonging to the Fishrot accused. She accused Samherji of being part of a corrupt scheme. “Samherji, in order to pay further benefits resulting from the fraudulent scheme and due to its corrupt relationship with the Namibian role players, made payments to Erongo Clearing, in which Tamson Hatuikulipi holds a 100% member's interest, concealed as 'consultancy fees',” the affidavit said. One of Samherji's main assets in Namibia was the vessel that was valued at N$400 million. Now, that vessel has been sold for N$280 million to Tunacor, a politically connected Namibian fishing company. The release came in accordance with clause 6,2 of the memorandum of agreement entered between Heinaste Investments (as seller), Tunacor Fisheries (as buyer), the government, Esja Investments (as mortgage bond holder) and Tunacor group (as guarantor) on 30 September 2020. I hereby confirm that the buyer has complied with its payment obligations of the memorandum of understanding". The Samherji vessel was first impounded in November 2ß10 by the Namibian authorities, and its captain was arrested for fishing in a protected zone. The vessel was released on Feb 5 after the captain pleaded guilty to three charges of fishing in waters less than 200 metres deep and paid a fine of N$950 000.

Samherji planning legal action against Namibian authorities over seizure

The fishing company Samherji was planning legal action against Namibian authorities over the seizure of the 'Heinaste' on Feb 7 at Walvis Bay by the Namibian police's investigative unit as part of the ongoing investigation into the Fishrot scandal, on the basis of Article 28 of the Prevention of Organised Crime Act. The seizure happened two days after the courts released the vessel to its owners and fined its captain Arngrímur Brynjólfsson, N$950 000 for contravening the Marine Act by illegally fishing in a restricted area. A day after the vessel's release, Samherji announced that the vessel was to be chartered or sold to a local operator with the objective of preserving the jobs of local fishermen. The company regarded the renewed seizure of the 'Heinaste' as wrongful under Namibian law and will now take necessary legal steps in Namibia in court if necessary, arguing that only a convicted person can have their assets seized under Namibian law. As owner of the vessel, they have not been charged, let alone convicted of any offence in Namibia. The 'Heinaste' was due to leave Namibian waters on Feb 9, one week after two other Samherji operated vessels 'Geysir' and 'Saga' departed hastily from Namibian waters, leaving about 200 fishermen without jobs. The company signed an agreement with the National Union of Namibian Workers (NUNW), Namibia Food and Allied Union (NAFAU) in which Saga Seafood – a Samherji operating company, made a commitment to pay the fishermen an incentive equivalent to two weeks' salary. The incentive will not affect the monthly salary due to them or any other packages to be negotiated in the future. Five Namibian companies, including Sinco Fishing and Epango Fishing, once co-owned the vessel in a joint venture with Samherji-linked Esja Holdings. Esja Holdings allegedly tried to sell the vessel to a Russian company last year in a deal that fell through after a court found a shareholder agreement binding, and that the resolution for selling the vessel was null and void. Anti-Corruption director Paulus Noa yesterday declined to comment and referred all questions to the Namibian Police. When contacted by The Namibian yesterday, police chief inspector Kauna Shikwambi stated that she was still awaiting feedback from the Erongo region and said she could not respond to the company's statement immediately.

Fish factory seized in Walvis Bay

The SA police seized the 'Heinaste' after its arrival in Walvis Bay on Jan 28, 2020, which is being owned by the Icelandic fishing company Samherji which was accused to have paid around 130 million N$ to six suspects for corruption, fraud, money laundering and tax evasion, thereby securing lucrative fishing quotas in Namibia. The 'Heinaste was confiscated on the basis of the Prevention of organized crime act (Poca) which allows the freezing of accounts and the confiscation of assets that were acquired with allegedly illegally obtained money or that were used to commit a crime. One of the reasons why the 'Heinaste' was arrested was the fear that the vessel might leave Namibian territorial waters and thus escape the authorities' access. During the past few days two other Samherji ships, the 'Saga' and 'Geysir' have departed, leaving back the Namibian crew members out of a total of 210 crew members. Samherji has informed that the 'Saga' was on the way to Spain for repairs and the 'Geysir' has started fishing in Mauritania which was said to legal and in agreement with the local Ministry of Fisheries. Meanwhile, the National Union of Namibian Workers (NUNW) and the Food Industry Union (Nafau) signed an agreement with Saga Seafood on Feb 7. As part of this agreement, it was agreed that the more than 200 employees affected would receive a payment equal to half their monthly salary by Feb 13 at the latest. Outstanding wages and possible compensations for the workers were to be negotiated at a later date. NUNW continued to seek direct negotiations with Samherji, whose management makes them directly responsible for the loss of numerous jobs in the local fishing industry. The union also demanded that the government, acting as Minister for Fisheries Albert Kawana, should take part in these talks or pressures Samherji to start negotiations.