The Presidency has dismissed allegations that President Netumbo Nandi-Ndaitwah was involved in the proposed Sinomine-Massaus solar power project.
State House says the matters raised by the Independent Patriots for Change (IPC) concern private commercial arrangements and regulatory processes that should be addressed by the entities involved and by the relevant authorities.
"The matters being raised relate to private entities, commercial arrangements and regulatory processes that are best addressed by the entities involved and the relevant authorities. The President was not involved in the negotiation, the financing, the approval or the implementation of the proposed project. Any suggestion that she was involved is simply not supported by any facts," said Press Secretary Jonas Mbambo.
When asked about the legal relationship between Farm B865 Massaus, Massaus Investment CC and Massaus-Titan Energy Solutions (Pty) Ltd, Mbambo said documents circulating publicly do not provide evidence of any wrongdoing by the Head of State.
"The documents that have been circulated publicly do not establish any transfer of ownership of the reference farm by the President and the First Gentleman, nor do they establish any wrongdoing on the part of the Head of State. In a democratic society, it is important to distinguish between allegations and evidence. Anyone making allegations of wrongdoing should be able to support those claims with credible evidence and present them to the relevant authorities. People's reputations should not be called into question based on speculation, and public discussion on matters of this very serious nature should always be guided by facts."
Earlier this week, the IPC questioned the legal relationship between the President's family and the Sinomine Resource Group's proposed power plant project.
At a media briefing in Windhoek, IPC President Dr Panduleni Itula presented a 2015 Government Gazette listing Farm B865 Massaus in the Oshikoto Region, measuring about 6,242 hectares, as being owned by the First Gentleman, Epaphras Ndaitwah, and President Netumbo Nandi-Ndaitwah.
Dr Itula added that documents contained in a Ministry of Environment, Forestry and Tourism file show that a memorandum of intent between Sinomine and Massaus Investment CC identified the close corporation as being represented by the First Gentleman as its managing member.
"Your Excellency, are you aware, Honourable First Gentleman, that your property, for which there are no documents of transfer to the children, is being used in a contractual relationship with Sinomine for the generation of electricity through solar panels?" asked Dr Itula. "It may be a pre-incorporation arrangement that the company came into existence later; that's fine. A regression issue, a draft or a version issue, or a record issue, or just a mistake? Fine, then show us the full BIPA extract; the name reservations — that's a process; the incorporation files, the version history, and the signature certificate."
The party also noted that a memorandum of understanding was signed between Massaus Investment and Sinomine, but the Environmental Clearance Certificate was reportedly issued to Massaus and Titan Energy Solutions.
"Those are different legal persons or legal entities; a legal right does not just jump from one company to another," Dr Itula added. "It needs documentation that identifies that entity. This may be a normal project finance structure; it may be a special purpose vehicle created to receive the environmental clearance. I'm using this speculative approach deliberately to add and to also seek clarification from Her Excellency; it may also have something to create or receive the environmental clearance, electricity licence, financing, engineering procurement, construction contract and power purchase agreement."
Dr Itula alleged that environmental assessment documents locate the proposed 20-megawatt solar power project within the Sinomine licence area boundary in Tsumeb townlands and not on Farm B865 Massaus.
Approached for comment, the President's son, Nande Ndaitwah, said they signed a memorandum of intent and not a memorandum of understanding, and that once the intent was initiated, they completed the registration of Massaus Investment CC.
He noted that Massaus Investment CC is a shareholder of Massaus-Titan Energy Solutions (Pty) Ltd and that the solar power plant in question will be erected in Sinomine's smelter area and not on Farm B865 Massaus.
Regarding the N$612 million funding for the project, he said financing will come from private equity and loans and that no government funding will be used.