Fugitive lawyer Marén de Klerk is suing the inspector general of the Namibian Police and the prosecutor general in an attempt to prevent them from seizing a retirement annuity of N$1.3 million that he has in Namibia.
In a case status report filed at the Windhoek High Court last week, a government lawyer representing the inspector general and the prosecutor general asked the court for a three-week postponement of the case that De Klerk filed so that they can oppose the legal action taken by him.
De Klerk, who is wanted in Namibia in connection with the Fishrot fraud, corruption and racketeering case, is asking the court to declare that the police’s seizure of his pension benefits with the financial services company Sanlam Namibia is a violation of the Pension Funds Act of 1995, unlawful and invalid, and to set aside the seizure.
The inspector general “unlawfully seized my pension benefits”, De Klerk says in a sworn statement filed at the court.
“The law expressly prohibits the seizure of pension benefits,” he also says.
He has had a retirement annuity with Sanlam Namibia since 2005, De Klerk says.
The retirement annuity matured in June 2024, when it had a value of about N$1.3 million, but in July 2024 Sanlam Namibia informed him that the police directed that the annuity should not be paid out to him, as there was a pending application in terms of the Prevention of Organised Crime Act (Poca) against him, De Klerk recounts.
His pension benefit with Sanlam Namibia was not subject to a Poca restraint order when the inspector general had his pension money with Sanlam Namibia seized, De Klerk says.
He also says the Pension Funds Act makes it clear that pension benefits cannot be regarded as realisable property that could be seized in terms of Poca.
“The [inspector general] acted unlawfully, and abused its powers,” De Klerk claims.
De Klerk left Namibia in January 2020, after he had been questioned by Anti-Corruption Commission investigators in connection with the Fishrot case, involving the alleged unlawful acquisition and sale of Namibian fish quotas. He has reportedly been living in South Africa since leaving Namibia, and claims he has not returned to Namibia because he fears his life would be in danger if he did so.
A Windhoek magistrate issued a warrant for De Klerk’s arrest on charges under the Anti-Corruption Act and Poca and also a charge of fraud in April 2021.
Prosecutor general Martha Imalwa obtained a property preservation order in terms of Poca over a bank account in De Klerk’s name and an account in the name of his former law firm De Klerk, Horn and Coetzee Incorporated (DHC) in October 2022.
The account in De Klerk’s name held about N$1.8 million before the preservation order was issued, while there was about N$4.7 million in the account of DHC.
In terms of the order, the money in the two accounts may not be transferred or used by anyone until the prosecutor general has applied to have the funds – alleged to be the proceeds of crimes – forfeited to the state.
In charges against 10 men awaiting trial in the High Court in connection with the Fishrot scandal, it is alleged that N$81.8 million in fish quota usage fees which were supposed to be paid to the state-owned National Fishing Corporation of Namibia (Fishcor) were channelled through bank accounts of DHC and the company Celax Investments Number One, of which De Klerk was the sole director and shareholder.
The state is alleging that the money was channelled to six of the men charged in the Fishrot case – James Hatuikulipi, who is a former Fishcor board chairperson, former justice minister and attorney general Sakeus Shanghala, ex-minister of fisheries and marine resources Bernhard Esau, Esau’s son-in-law Tamson Hatuikulipi, former Fishcor chief executive Mike Nghipunya and Pius Mwatelulo – or to entities of their choice.
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