SHINOVENE IMMANUEL and SONJA SMITH CORRUPTION-accused lawyer Marén de Klerk explained how alleged Fishrot mastermind James Hatuikulipi led him to open a bank account and make payments linked to N$1 billion apparently parked in Kazakhstan.
This was revealed in an affidavit submitted to the Anti-Corruption Commission (ACC) last year.
Kazakhstan is notoriously labelled by the United States government in 2018 as a “major money-laundering” jurisdiction.
De Klerk also narrated how Hatuikulipi asked him to set up a briefcase company which would be owned by Hatuikulipi’s other company, Cambadara Holdings, to be used for the Kazakhstan transaction.
The lawyer said the Kazakhstan “transaction” supposedly involved a Hong Kong lawyer, a gas company in Qatar, and a buyer in Japan. Most of the foreign names linked to this transaction are opaque.
The ACC revealed in court last year it was investigating a bank account in Kazakhstan, in which an amount of US$63 million (N$1 billion) is being kept.
The commission said an investment of N$2 million to N$3 million, which came from the trust account of De Klerk, Horn & Coetzee Inc, was paid for a project in the gas and oil industry in Japan.
The ACC last year said they established that De Klerk has a legal hold for alleged unpaid debt over the account in Kazakhstan, and that he has not been truthful to the ACC about that deal.
Details about this transaction have been sketchy. It’s not clear if the N$1 billion is indeed in Kazakhstan. Some senior officials believe the money is still there. Some said the money belongs to Swapo, while others said this transaction was used as a smokescreen for another deal.
De Klerk’s affidavit submitted to the ACC in April 2020, however, provides more information on how this deal was structured.
According to De Klerk, Hatuikulipi – then Investec Asset Management Namibia managing director – approached him in early 2019 at his office.
“During the said consultation, he said he had two projects that were imminent. One relating to a gas project and another one relating to a diamond project,” De Klerk said.
In the meantime, he asked the lawyer to start a briefcase company in which Hatuikulipi would be the sole shareholder.
That company would in turn be owned by Cambadara Holdings Pty Ltd, which is also owned by Hatuikulipi. Cambadara is alleged to have benefited from the Fishrot project.
De Klerk implemented that decision, but silence followed from Hatuikulipi’s side for some time.
“During 2019, I was approached by Dong Zhang, who communicated to me via email to my law firm address that he is a Hong Kong-based lawyer who acts for a Qatari company, Barzan Energy and Gas Company Ltd,” De Klerk recalled.
The Namibian could not verify the authenticity of Dong and whether he indeed represented that company.
According to the company’s website, Barzan produces natural gas, ethane and field condensate for their market.
According to him, Dong told De Klerk that he wanted to appoint him as an agent for the company in Namibia.
“I have no idea why I was selected and whether or not the gas projects mentioned by Hatuikulipi in January 2019 had anything to do with this matter,” the lawyer added.
De Klerk admits that, in hindsight, Dong was probably referred to him by Hatuikulipi, former justice minister Sacky Shanghala or “by someone who was aware that I was willing to act as a paymaster using my trust account”.
De Klerk said he agreed to act for Dong.
“I received documents from Zhang [Dong] appointing me as a Qatari company’s agent,” he said.
Then the transaction moved up a gear.
“I was instructed to open a bank account at Kaspi Bank in Kazakhstan, which I duly did. I mention that I was required to pay a security deposit of US$60 000 (N$960 000), which I duly did because I felt there was no risk as I was the sole signatory on this bank account,” De Klerk said.
On 10 October 2019, Dong sent him an email of a copy of a sale agreement for a gas by Barzan to “Otsuka in Japan Holdings”.
According to that agreement De Klerk’s duties as Barzan’s agenct was to receive the purchase price of N$1 billion as a deposit on the bank account he created in Kazakhstan for Hatuikulipi.
De Klerk was also supposed to ensure that he put a legal hold on the money until the quality of the gas could be verified.
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