Werner Menges
1 December 2008
THE owner of a Windhoek-based computer equipment company who was caught paying a bribe to an official of the Polytechnic of Namibia was sentenced to a N$20 000 fine on Friday.
Samander Belete (38) had admitted guilt to a charge under the Anti-Corruption Act earlier in the week.
Belete admitted that he had paid a bribe of N$5 000 to the Polytechnic's Director of Computer Services, Laurent Evrard, between September 25 and 26 in an effort - without success, it turned out - to persuade him to use his influence so that a contract for the supply of computer equipment to the Polytech would be awarded to his business, Computer Network Development CC (CND).
In a written plea explanation Belete also admitted "that there was talk of a further payment" of N$30 000 to Evrard if his business was indeed awarded the tender for the supply of 229 personal computers, one computer server and 30 other computers to the Polytech.
In his testimony before Magistrate Claasen after his plea, Belete said he found out only two days before the tender closed that the Polytechnic had put out a tender for the supply of computer equipment.
Because his business was going through tough times, he thought he could phone the Polytech's information technology manager to ask for more information on the tender - and also to ask his help to recommend that CND was awarded the contract, Belete said.
Having decided to gamble on paying a bribe to get the Polytech contract, Belete was arrested on September 26.
He spent three nights and two days locked up in Police custody before making a first court appearance, when he was granted bail of N$20 000.
"That was the worst experience of my life," Belete told the Magistrate about his time in custody.
With the sentencing on Friday, Magistrate Claasen told Belete that corruption could be likened to a cancer, "eating away remorselessly" at the fabric of corporate integrity and extending its harmful effects to all aspects of administrative functions.
While Belete could - according to what the court was told - have benefited to the tune of some N$100 000 if the contract had been awarded to his business, it was important that he did not actually derive any benefit from the bribe that he was caught paying, Magistrate Claasen remarked.
With Belete being a first offender that had shown remorse by tendering a guilty plea relatively early after he was charged, it was the Magistrate's opinion that a prison sentence was not appropriate.
She sentenced him to pay a fine of N$20 000 or serve a five-year term of imprisonment.
The N$5 000 that Belete had paid as a bribe was also declared forfeited to the State.
Belete paid the fine on Friday.
Public Prosecutor Meriam Kenaruzo represented the State during the trial.
Belete was represented by defence lawyer Jan Wessels.
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