ACC deals procurement corruption in mining industry a significant blow

Floris Steenkamp

Several stakeholders in various segments of the local mining supplies industry welcomed the arrest of Hendrik Bok (60), a former employee at the Rössing Mine on charges relating to receiving bribes to favour a certain tenderer for dust suppression services and for a rock breaking tender. Bok is said to have been bribed by nearly N$300 000 in order to pull the strings for this tenderer to be awarded the contracts.
Bok made a first appearance in the Swakopmund magi-strate’s court on Fri-day and was released on N$8 000 bail, after a decision by the Prosecutor-General he would be put on criminal trial. The case returns to court at the end of January 2019.
The State proposed bail of N$40 000, but the magistrate ordered a bail amount of N$8 000, as Bok could not afford that high amount. Hopes are also high that the person who paid Bok the bribes also be prosecuted.
In a statement over the weekend the Anti-Corruption Com-mission says: ”The Commission finalised an investigation against Mr. Hendrik Bok (60), a Namibian national in regard to alleged contravention’s of Section 35 (1) (a) read with sec 32, 35(4), 46, 49 and 51 of the Anti-Corruption Act, (Act No.8 of 2003);
Firstly: in relation to the affairs or business of the agent’s principal, in that upon or about between the 18t of December 2012 and December 2016 he as the former Pit Superintendent, Load and Haul, at Rössing Uranium Ltd did wrongfully, directly or indirectly and corruptly solicit, or accept or agree to accept from Mr. Hendrik Johannes Nel, the General Manager of Mosmart Investments Namibia (Pty) Ltd (“Mosmart Namibia”) and/or Reha Maintenance Services CC a gratification, to wit: Money in the amount of N$ 250 000, 00 (two hundred and fifty thousand Namibian dollars)and/or improvements on his (“Accused”)’s Plot at Usakos as an inducement to do or to omit doing anything in relation to the affairs or business of his principal, in exchange using his membership/presence on the Tender Board Committee of RUL to influence the “Dust Suppression Product and/or Service Tender” (“The Dust Suppression Tender”) by scoring/rate Mosmart Namibia higher during this tender process and/or enabling Mosmart Namibia to be awarded the Provision of the Dust Suppression Product and/or Services Tender by Rössing Uranium Limited.
Secondly: That the accused (Hendrik Bok) between January 2013 and December 2016, being an agent of Rössing Uranium Limited as Pit Superintendent, Load and Haul, did wrongfully, directly or indirectly and corruptly solicit or accept or agree to accept from Hendrik Johannes Nel and/or Mosmart Investments (Pty) Ltd and /or Reha Maintenance CC a gratification, to wit: Money in the amount of N$ 40 000.00 (Forty thousand Namibian dollars) and/or 0,50 percent of the value of each ton of Uranium ore mined by Rössing Uranium Limited under the Rock Breaking Tender as an inducement to do or to omit doing anything in relation to the affairs or business of the principal, to wit: giving a higher score/rate to the said Mosmart Investments (Pty) Ltd to be awarded the Rock Breaking Tender by Rössing Uranium Limited.
The case docket was forwarded to the Office of the Prosecutor General for a decision and she decided to arraign Mr. Hendrik Bok at the Swakopmund Regional Court on a charges as mentioned above.
The accused was given bail on the 29th of August 2018 to the amount of N$8 000.00 (eight thousand Namibian dollars) and bail conditions were added that he should hand in his passport and report himself three times a week on Mondays, Wednesdays and Fridays between 08:00 and 20:00 hours at the Usakos Police Station and that he should not leave the Magisterial district of Usakos without informing the Investigating Officer, Mr. Kurz. The matter has been post phoned until the 31st January 2019 for plea and trial”.