Judge ‘hid’ share ownership

SUPREME Court Justice Pio Marapi Teek used his 16-year-old daughter to conceal his part-ownership of a fishing company, according to documents submitted in a secret High Court case this week.

Teek has denied the claim in an answering affidavit. The allegation was contained in papers produced for the hearing of a civil lawsuit that centres on the fate of money belonging to Old Man Fishing (Close Corporation), a company set up to take advantage of the affirmative-action fishing rights scheme operated by the Ministry of Fisheries and Marine Resources.In a highly unusual step, the court held this week’s proceedings in camera.Lawyers for Teek and the six other applicants who brought the lawsuit asked that the case “not be placed on the ordinary-motion court roll” and that it “shall not be made public until execution of the interim order”.That case has been the only one before the High Court so far this week.In another departure from normal Namibian court practice, a South African judge (by the name of Makanya) has been brought in to hear this case.Judge President Peter Shivute could not be reached yesterday for a public explanation about the case’s unusual aspects.The founder and Managing Director of Old Man Fishing, Benjamin Kheibeb, said that in 2000, when he offered Teek shares, the then Judge President told him that, in light “of his position as a judge”, he should use the name of his under-age daughter, Pia Mbemurukira Kazenango as the share buyer instead of his own.”He would then represent her as a guardian,” Kheibeb said in his affidavit opposing an urgent application in which Teek and the six other applicants seek to depose Kheibeb as managing director and deprive him of his 44 per cent shareholding.The seven applicants accuse Kheibeb of misappropriating company funds and committing fraud.Teek, often spoken of as the leading candidate to become the next Chief Justice when Johan Strydom’s term ends later this year, said Kheibeb’s “history” of how the judge got involved in the fishing business “is not only untrue but borders on the absurd”.He described as “ridiculous the idea that I would enter into such an absurd agreement somewhere in the street”.Teek said that on one occasion Kheibeb met him in chambers and offered him “a few shares in the fishing corporation Old Man Fishing CC because when I was practising as an advocate I defended Plan [People’s Liberation Army of Namibia] fighters pro deo and thus made a contribution to the independence and future of Namibia”.In the Namibian legal system, a lawyer giving his or her services pro deo does so free of charge to the client.The judge said he had advised Kheibeb to give the share to his daughter.The company became involved in the fishing business when the Ministry of Fisheries made it a precondition that fishing rights and quotas be offered to firms that were part-owned by “previously disadvantaged” Namibians – mainly blacks.After the scheme was introduced, most well established white- or foreign-owned companies were forced into joint ventures, where most of the blacks simply received money without any role in management or operations being conferred on them.The case against Kheibeb and five co-respondents was brought by Axali Jacobus Doeseb, Gottfried Rheis, August Chorien Bikeur, Kazenango (through Teek), Justine Harases, Erika Uiras and Hendrick Namaseb.They have asked the court to order Kheibeb to relinquish his shares along with his role in managing the company.The South African judge has reserved judgement.For Teek, this is the fourth court or Police case in less than three years in which he has become embroiled.At the end of last year, Teek filed a N$500 000 lawsuit against one Bernard van Zyl who, Teek said, had called him a “stupid bastard”.In 2001, a prisoner awaiting trial claimed Teek had lent him his official vehicle to buy liquor and pick up young women for a party.Teek denied the allegation.Teek also brought contempt of court charges against two newspapers (including this one), the Society of Advocates and critics of the way he handled the legal sequel to Home Affairs Minister Jerry Ekandjo’s defiance of a court order.The allegation was contained in papers produced for the hearing of a civil lawsuit that centres on the fate of money belonging to Old Man Fishing (Close Corporation), a company set up to take advantage of the affirmative-action fishing rights scheme operated by the Ministry of Fisheries and Marine Resources. In a highly unusual step, the court held this week’s proceedings in camera. Lawyers for Teek and the six other applicants who brought the lawsuit asked that the case “not be placed on the ordinary-motion court roll” and that it “shall not be made public until execution of the interim order”. That case has been the only one before the High Court so far this week. In another departure from normal Namibian court practice, a South African judge (by the name of Makanya) has been brought in to hear this case. Judge President Peter Shivute could not be reached yesterday for a public explanation about the case’s unusual aspects. The founder and Managing Director of Old Man Fishing, Benjamin Kheibeb, said that in 2000, when he offered Teek shares, the then Judge President told him that, in light “of his position as a judge”, he should use the name of his under-age daughter, Pia Mbemurukira Kazenango as the share buyer instead of his own. “He would then represent her as a guardian,” Kheibeb said in his affidavit opposing an urgent application in which Teek and the six other applicants seek to depose Kheibeb as managing director and deprive him of his 44 per cent shareholding. The seven applicants accuse Kheibeb of misappropriating company funds and committing fraud. Teek, often spoken of as the leading candidate to become the next Chief Justice when Johan Strydom’s term ends later this year, said Kheibeb’s “history” of how the judge got involved in the fishing business “is not only untrue but borders on the absurd”. He described as “ridiculous the idea that I would enter into such an absurd agreement somewhere in the street”. Teek said that on one occasion Kheibeb met him in chambers and offered him “a few shares in the fishing corporation Old Man Fishing CC because when I was practising as an advocate I defended Plan [People’s Liberation Army of Namibia] fighters pro deo and thus made a contribution to the independence and future of Namibia”. In the Namibian legal system, a lawyer giving his or her services pro deo does so free of charge to the client. The judge said he had advised Kheibeb to give the share to his daughter. The company became involved in the fishing business when the Ministry of Fisheries made it a precondition that fishing rights and quotas be offered to firms that were part-owned by “previously disadvantaged” Namibians – mainly blacks. After the scheme was introduced, most well established white- or foreign-owned companies were forced into joint ventures, where most of the blacks simply received money without any role in management or operations being conferred on them. The case against Kheibeb and five co-respondents was brought by Axali Jacobus Doeseb, Gottfried Rheis, August Chorien Bikeur, Kazenango (through Teek), Justine Harases, Erika Uiras and Hendrick Namaseb. They have asked the court to order Kheibeb to relinquish his shares along with his role in managing the company. The South African judge has reserved judgement. For Teek, this is the fourth court or Police case in less than three years in which he has become embroiled. At the end of last year, Teek filed a N$500 000 lawsuit against one Bernard van Zyl who, Teek said, had called him a “stupid bastard”. In 2001, a prisoner awaiting trial claimed Teek had lent him his official vehicle to buy liquor and pick up young women for a party. Teek denied the allegation. Teek also brought contempt of court charges against two newspapers (including this one), the Society of Advocates and critics of the way he handled the legal sequel to Home Affairs Minister Jerry Ekandjo’s defiance of a court order.