Fishrot paymaster Maren de Klerk's Untold story

Much has been said about lawyer Maren de Klerk regarding his role in the fishrot scandal. There is, however, very little known about where he is and what has he been doing ever since he skipped the country early last year.

To most people, De Klerk is a shadowy figure who comes to life in newspapers whenever payments related to fishrot are written or spoken about.

De Klerk is real.

De Klerk’s story starting from his simple youthful life in Mariental where he was born 52 years ago.
He attended Danie Joubert Primary School from 1975 until 1980 and then in the Western Cape after his parents’ divorce in 1980.
In 1981, he completed his primary education at Joubert Primary School in Paarl, Western Cape. He then attended the Paarl Gymnasium High School from where he matriculated.
Between 1987 and 1988, De Klerk did his compulsory two-year national service in the South African air force. In 1989, he enrolled for BCom law degree at the University of Stellenbosch he could not enrol for the LLB after he had failed Roman Law in 1992. He then came back to Namibia where he worked in his father’s construction and passenger transport business at Mariental.
He married his South African wife Maria in July 1993 and their first daughter was born in December 1993.
Eventually, he passed the Roman Law end of 1992 and got a job as a state prosecutor in Namibia in 1994. Initially, he was based in Windhoek but was later sent to Gobabis.
He resigned in 1995 and started with his articles of clerkship at Muller and Brand Attorneys in Windhoek. Later he joined Ellis and Partners after he had been admitted as an attorney in 1997.
In 1998, he was admitted as a conveyancer and he specialised in high court litigation and basic commercial legal work i.e., sale of business agreements.
In 2002, he was admitted as a notary public and served at one time on the ethics committee of the law society where he was a chairman from 2013 until 2017 when he resigned.
In 2014, he was appointed as one of Aaron Mushimba’s estate executor together with Johan Penderis.

IS DE KLERK A FUGITIVE FROM THE LAW?

De Klerk says he is not a fugitive and that he will fully cooperate with law enforcement agencies in Namibia. He also said that he motivated and occasioned the earlier dealings with the ACC investigator in January 2020.

De Klerk says there is no indictment or warrant of arrest served on him.

I wish to confirm that I am indeed in SA and that I have made contact with both the Namibian and South Africa prosecutorial authorities, both who are able to easily contact me if required. I am therefore not missing and since I have not been charged with any offence, I am also not a fugitive.

According to De Klerk, his law firm De Klerk, Horn & Coetzee reported the issue of fishrot in December 2019 to the Financial Intelligence Centre.

When his law firm reported the matter to the FIC, there were N$4m left in the trust account. This money was ringfenced,

De Klerk claims that he went to the ACC on 16 January 2020 without any representation but felt after a few minutes into the conversation that he was being treated as the fishrot mastermind.

“I did not mastermind the corruption and bribery scheme in which I played a role. I verily believe that I was as I understand were other attorneys in Namibia, to facilitate the transfer of funds under a clandestine shield of attorney’ trust accounts.”

Although De Klerk says he has not been served any warrant of arrest, he admits that based on the following facts, he may have committed these offences

Fraud and theft
Contravened sections of the Financial Intelligence Act
Contravened sections of the Organised Crime Act 2004, especially the one relating to money laundering and racketeering
Contravened sections of the Income Tax Act 2004 as amended
Contravened sections of the Value-Added Tax Act of 2000
Contravened sections of the Anti-Corruption Act of 2003
Contravened sections of part 3 of and part 8 of the Companies Act 28 of 2004
Contravened sections of the Legal Practitioners’ Act of 1995 as amended
Contravened sections of the Exchange Control Regulations of 1961

EFFECT OF SO MUCH MEDIA ATTENTION

De Klerk says the perception that he is an accused in the fishrot scandal has cost him so much health-wise resulting in him being hospitalised for an extended period and is currently on very strong anti-depressive medication and under the care of mental health professionals.

“I do not have the strongest of personality to deal with psychological and emotional stress… even with my skills and my natural suspicion, I did not fully appreciate what I got myself into as explained below. I will explain fully and frankly how I was duped into becoming involved since December 30, 2016.

From December 2016, he says he felt honoured to be associated with Swapo and in hindsight, his office as a lawyer was abused for the personal interest of highly influential politically connected persons.

De Klerk says he believes that his involvement in the Swapo campaign to seek the re-election in 2019 of the current president carried the blessing of the President of Namibia and the Swapo political party.

ASSASSINATION ATTEMPT

While in hospital in SA on 14 February 2020, De Klerk says there was an attempt to abduct him or to assassinate him or to harm. As a result, he says he is living in hiding as he fears for his wellbeing and that of his family.

“I truly believe that I was a cog in the wheel of the extensive bribery and corruption scheme that ultimately also funded the Swapo political party to fund a political campaign and to benefit influential politicians.

My life has been brought to ruins as a result of me being outright STUPID and I deeply regret this. I hope to make up for this through my cooperation with the law enforcement agencies in Namibia.

ROLE PLAYERS

Sakeus Shanghala, the former attorney general who later became justice minister and who was a key player in Swapo’s election campaign process and other events. I do not know how Shanghala came to know James Hatuikulipi, A.J Louw or Mike Nghipunya, but I presume he came to know Bernard Esau through his role and career as a politician. As far as I can recall, Shanghala knew Johan Penderis long before I met Shanghala around 2011.

James Hatuikulipi, former head of Investec Bank and businessman, who I believe was the architect of many of the schemes including the Swapo re-election campaign for the current president referred to below. I have no knowledge a to how Hatuikulipi befriended Shanghala, Bernard Esau and/ or Mike Nghipunya, but I do know Hatuikulipi had a longstanding business relationship with Dawie Moller in that they were co-shareholders in a company known as D&M Rail CC.

Adriaan Jacobus Louw, a businessman and important role-player in the fishing industry in Namibia and Angola. When I first met Louw in 2014 I had not yet met his right-hand man, Johannes Breed. I did, however, meet Johannes Breed a few years later and it was evident to me that they had worked together for some time already. Johaness Breed was always the financial advisor for Louw and Louw’s companies and served on Louw’s fishing companies. I also do not have any knowledge as to how Louw met Shanghala, Hatuikulipi, Bernard Esau or Mike Nghipunya.

Johannes Breed, the chief financial officer and advisor to Louw and his various companies. I met Breed during the course of my professional interactions with Louw and similarly I have no information as to how Breed met any of the other role players.

Bernard Esau the former fisheries minister was also the minister who promulgated the government gazette ratifying the agreement between state-owned Fishcor and Seaflower Pelagic Corporation. Apart from one or two consultations that I had with Esau to discuss the drafting of his new will and setting up a Trust for him, I had very little interaction with Esau and I also do not know how he came to know the other role players.

Mike Nghipunya, former CEO of Fishcor played a major role in the joint venture structure with Seaflower.

President Hage Geingob, whom Hatuikulipi made me believe was the Boss when the reference was made to the latter when certain payments were processed.

Celeste Coetzee, a director of De Klerk, Horn and Coetzee was also the compliance officer of DKHC. Coetzee came to know Louw and Breed while working ion various matters for them in a professional capacity which Louw had instructed my firm to attend to. In this regard she did work on the litigation matter referred to later below. Coetzee was at all relevant times the compliance officer of DKHC for purposes of the provisions of financial intelligence act.

Dawie Moller, a shareholder with Hatuikulipi in D&M Rail as well as a co-member of the latter in MH Properties CC.

Johan Penderis an accountant and financial advisor to the late Aaron Mushimba. He was the person who referred Hatuikulipi[I and Shanghala to me. As far as I can recall Penderis knew Shanghala before I met the latter and during my interactions with Shanghala and Penderis over the years, it became evident to me that Penderis utilised Shanghala to obtain information and to influence as far as possible the issue surrounding the awarding of catering contracts for various catering companies in which Penderis is a major role player and shareholder.

WHAT MADE HIM TO BECOME PART OF THE SCHEME?

De Klerk says he was tempted with money especially after he was told by Adrian Louw that the money he would make like telephone numbers.

I was blown away at how this opportunity might change my life for the better, especially because my income-earning potential had been contracting due to the fact that I was not affiliated to Swapo and to be doing business with the likes of Louw.

The National Equitable Economic Empowerment Bill – De Klerk says in 2016 the government tabled the empowerment bill that sought to compel companies to give 25% shareholding to previously disadvantaged.

This became a source of extreme concern to me, and to my clients, and on a personal level my confidence took a severe knock. I began to have severe panic attacks and had difficulty sleeping. I consulted with a physiotherapist regularly to help alleviate spasms in my back and in my neck which I attributed to this stress. During this time, I seriously considered whether or not to emigrate as the proposed bill was posing a very danger to my livelihood, because of all people I was supporting financially because it potentially placed an increased strain on my personal finances.

I foresee a scenario where I would become financially embarrassed in the eyes of my partners, clients, family and fiends if this empowerment bill became law. It was clear to me that I would need to find alternative sources of income if I was to maintain the lifestyle to which my family and I had become accustomed.

It will help to say that De Klerk’s was looking after his mother who had become incapacitated and diagnosed with rheumatoid arthritis and systematic sclerosis and was unable to work.

I had to contribute to her monthly expenses ever since I started earning a salary from 1995, which monthly contribution steadily increased. I had to buy her two motor vehicles over a 12-year period as hers had become totally dilapidated and since September 2019. I have been basically covering all her monthly expenses which placed an additional financial burden on me.

The AARON MUSHIMBA CONNECTION

Because of all the financial strain, and because he says Swapo just like ANC was intent on transferring wealth and business opportunities to black persons, in practice this meant that only persons who were loyal to the ruling party, Swapo would be able to secure work in the Namibian economy.

As we did not belong to this executive club, and had no Swapo affiliation, our growth opportunities had become extremely limited.

In late 2015, however financial prospects began to change for the law firm. The Namibian economy was on a decline, but more importantly, being a white only law firm, it had become clear that like all other white only owned businesses, we had become marginalised and would be excluded from business opportunities that were being given to black lawyers.

For this reason, he says, he accepted the appointment in 2014 by Aaron Mushimba as one of the trustees for his estate together with Mushimba’s accountant and financial advisor Johan Penderis.

In July 2020, the other trustees of the Mushimba Family Trust, Johan Penderis and Philip Ellis, Mushimba’s widow, Adolphine Mushimba, and heirs in two other deceased estates administered by De Klerk asked the High Court to declare him undesirable to act as executor in the three estates and incapable of holding office as an executor for the rest of his life, and to appoint replacement executors to take over from De Klerk.

Opposing the application, De Klerk signed an answering affidavit at Paarl in South Africa’s Western Cape province last week.

De Klerk insisted in his affidavit, that despite his absence from Namibia over the past six months, he remains able to perform his duties as executor from South Africa and denies that he has maladministered the Mushimba estate or the other two estates of which he is the executor.

AJ is the real deal – How Sea Flower was created:

A product of corruption De Klerk recounts that it was Shanghala that gave him a call while he was in Sa informing him of an urgent matter involving business. He suggests that he was not that close to him that time as the call came as a surprise to him. A meeting would be set up in SA where Louw, Hatuikulipi and Shanghala showed up. De Klerk says he was intrigued as Shanghala explained that firstly, all of them would be able to make a lot of money, secondly, he explained that in his capacity to vet all agreements for government, he was in a position to approve a proposed joint venture between Fishcorp and an entity to be created in Namibia in the fishing industry. This entity, according to De Klerk, came to be known as Sea Flower. He says that Shanghala explained to him that the amendment to the Namibian fishing legislation which had at its cornerstone the creation of land-based fishing processing plants, had opened the door for a joint venture between Fishcorp and investors in the Namibian and Angolan fishing sectors. Louw is identified as one of the biggest players in this sector and owned AST in Angola and he wanted to be a player in Namibia.

De Klerk says Shanghala was informed by Esau that Louw was to enjoy a preferent right to all and any business opportunities flowing from this change of legislation.

“Shanghala went at great length to stress to me how excited he was to become involved in a commercial venture with Louw because as he put it, “AJ is the real deal”. Shanghala is said to have explained to De Klerk that he was under instruction from Esau to ensure that the agreements were concluded with Louw and that they were on terms and conditions that were favourable to Louw and or his companies. Louw is said to have explained that he was not ready to commit money to set up the land-based plants unless he was sure that the plants would be given sufficient business to justify that investment.

“In order to give effect to this arrangement, a joint venture between the Government-owned Fishcorp and an entity which later became known as African Selection Fishing would be set up. This joint venture would be called Seaflower.

Sakeus Shanghala, the former attorney general who later became justice minister and who was a key player in Swapo’s election campaign process and other events. I do not know how Shanghala came to know James Hatuikulipi, A.J Louw or Mike Nghipunya, but I presume he came to know Bernard Esau through his role and career as a politician. As far as I can recall, Shanghala knew Johan Penderis long before I met Shanghala around 2011.

James Hatuikulipi, former head of Investec Bank and businessman, who I believe was the architect of many of the schemes including the Swapo re-election campaign for the current president referred to below. I have no knowledge a to how Hatuikulipi befriended Shanghala, Bernard Esau and/ or Mike Nghipunya, but I do know Hatuikulipi had a longstanding business relationship with Dawie Moller in that they were co-shareholders in a company known as D&M Rail CC.
Adriaan Jacobus Louw, a businessman and important role-player in the fishing industry in Namibia and Angola. When I first met Louw in 2014 I had not yet met his right-hand man, Johannes Breed. I did, however, meet Johannes Breed a few years later and it was evident to me that they had worked together for some time already. Johaness Breed was always the financial advisor for Louw and Louw’s companies and served on Louw’s fishing companies. I also do not have any knowledge as to how Louw met Shanghala, Hatuikulipi, Bernard Esau or Mike Nghipunya.
Johannes Breed, the chief financial officer and advisor to Louw and his various companies. I met Breed during the course of my professional interactions with Louw and similarly I have no information as to how Breed met any of the other role players.
Bernard Esau the former fisheries minister was also the minister who promulgated the government gazette ratifying the agreement between state-owned Fishcor and Seaflower Pelagic Corporation. Apart from one or two consultations that I had with Esau to discuss the drafting of his new will and setting up a Trust for him, I had very little interaction with Esau and I also do not know how he came to know the other role players.
Mike Nghipunya, former CEO of Fishcor played a major role in the joint venture structure with Seaflower.
President Hage Geingob, whom Hatuikulipi made me believe was the Boss when the reference was made to the latter when certain payments were processed.
Celeste Coetzee, a director of De Klerk, Horn and Coetzee was also the compliance officer of DKHC. Coetzee came to know Louw and Breed while working ion various matters for them in a professional capacity which Louw had instructed my firm to attend to. In this regard she did work on the litigation matter referred to later below. Coetzee was at all relevant times the compliance officer of DKHC for purposes of the provisions of financial intelligence act.
Dawie Moller, a shareholder with Hatuikulipi in D&M Rail as well as a co-member of the latter in MH Properties CC.
Johan Penderis an accountant and financial advisor to the late Aaron Mushimba. He was the person who referred Hatuikulipi[I and Shanghala to me. As far as I can recall Penderis knew Shanghala before I met the latter and during my interactions with Shanghala and Penderis over the years, it became evident to me that Penderis utilised Shanghala to obtain information and to influence as far as possible the issue surrounding the awarding of catering contracts for various catering companies in which Penderis is a major role player and shareholder.

WHAT MADE HIM TO BECOME PART OF THE SCHEME?

De Klerk says he was tempted with money especially after he was told by Adrian Louw that the money he would make like telephone numbers.

The National Equitable Economic Empowerment Bill – De Klerk says in 2016 the government tabled the empowerment bill that sought to compel companies to give 25% shareholding to previously disadvantaged.

This became a source of extreme concern to me, and to my clients, and on a personal level, my confidence took a severe knock. I began to have severe panic attacks and had difficulty sleeping. I consulted with a physiotherapist regularly to help alleviate spasms in my back and in my neck which I attributed to this stress. During this time, I seriously considered whether or not to emigrate as the proposed bill was posing a very danger to my livelihood, because of all people I was supporting financially because it potentially placed an increased strain on my personal finances.

I foresee a scenario where I would become financially embarrassed in the eyes of my partners, clients, family and friends if this empowerment bill became law. It was clear to me that I would need to find alternative sources of income if I was to maintain the lifestyle to which my family and I had become accustomed.

It will help to say that De Klerk’s was looking after his mother who had become incapacitated and diagnosed with rheumatoid arthritis and systematic sclerosis and was unable to work.

The AARON MUSHIMBA CONNECTION

As we did not belong to this executive club and had no Swapo affiliation, our growth opportunities had become extremely limited.

For this reason, he says, he accepted the appointment in 2014 by Aaron Mushimba as one of the trustees for his estate together with Mushimba’s accountant and financial advisor Johan Penderis.

Opposing the application, De Klerk signed an answering affidavit at Paarl in South Africa’s Western Cape province last week.

AJ is the real deal – How Sea Flower was created:

De Klerk says Shanghala was informed by Esau that Louw was to enjoy a preferent right to all and any business opportunities flowing from this change of legislation.

To be continued.