Windhoek magistrate has dismissed an application to quash criminal charges against former Minister of Agriculture, Mac Albert Hengari, and his co-accused, in a case that has attracted nationwide attention.
Magistrate Monica Andjaba ruled on Friday that dismissing the charges at this stage would be premature and detrimental to the administration of justice. She stressed that the absence of a formal rape charge, which the defence raised in their argument, did not render the current charges invalid.Hengari, aged 59, and his 30-year-old co-accused face multiple charges, including obstructing the course of justice, offering a bribe, incitement to compound a crime, and violating sections of Namibia’s Anti-Corruption Act.
Defence lawyer Patrick Kauta had filed an application asking the court to strike the case from the roll. He argued that since no formal rape charge had been laid against the complainant, it was unlawful to charge his clients with attempting to obstruct justice or offering a bribe related to a non-existent case.
Kauta further claimed that the charges stemmed from a police sting operation that amounted to entrapment, insisting that the arrest and subsequent charges were unconstitutional.
However, the magistrate rejected these arguments, stating that the case is still under investigation and the prosecution has not yet presented all the evidence.
Deputy Prosecutor General Filistas Shikerete-Vendura opposed the application, saying that the charges were properly brought before the court and that the investigation is ongoing. She explained that more evidence, including witness statements and forensic reports, is still being collected.
Shikerete-Vendura further argued that the defence’s application was an attempt to interfere with due process, as the case had not reached a stage where charges could be challenged.
The case revolves around allegations that Hengari and his co-accused offered a large sum of money, reportedly between N$220,000 and N$222,000, to a woman in exchange for her agreement to drop a rape complaint. While no formal rape charge has been filed, the prosecution alleges that the accused tried to interfere with police investigations by offering a bribe. The prosecution also indicated that additional charges may be added as the investigation progresses, possibly including offences under Section 34(a) of the Anti-Corruption Act and the Riotous Assemblies Act.
The case has drawn significant media attention, with critics questioning whether police actions amounted to entrapment. The defence has also accused high-ranking officials, including the Prosecutor General, of making prejudicial public comments, potentially affecting Hengari’s right to a fair trial.
The court’s ruling may set a legal precedent regarding entrapment claims and the timing of defence challenges in Namibian criminal proceedings.
The matter has been postponed for further investigation.
