A lawyer who fled to South Africa three years ago is still here even though there is a warrant for his arrest and a formal extradition request related to Namibia’s biggest corruption scandal.
Namibian watchdog groups have raised concerns over perceived delays in tracking down Namibian citizen Maren de Klerk, – who insists he is a whistleblower and has implicated prominent Namibians, including President Hage Geingob, in the “Fishrot” corruption scandal.
De Klerk was easily traced by the Sunday Times and told his side of the story via email and phone. He said he had fled Namibia for his safety and offered to testify remotely in the looming corruption trial – an offer rejected by Namibian authorities.
“I am a whistleblower who implicated the Namibian president and that is why I am being mistreated,” he claimed.
“I am not on the run and I am not a fugitive. The South African authorities are aware of my whereabouts. That I still fear for my life, yes, that is indeed the case. I am in hiding and frequently move from place to place ... I want justice and fairness, which has been denied to me thus far.”
• 30 000: Number of confidential Fishrot documents released by Wikileaks
• $637 million: Market value of the 15-year horse mackerl quota awarded to Fishcor
— MICRO-ELEMENTS:
Civil society groups believe his testimony must be heard whether or not he is innocent. “There’s no doubt De Klerk has a large amount of evidence that could drag senior Swapo figures into the case right up to [the president’s official residence] State House,” said Graham Hopwood, executive director of the Institute for Public Policy Research in Namibia.
“He was [allegedly] the paymaster for Fishrot who moved the money around, paying different Swapo-linked entities and individuals. He may also be angry he wasn’t given the designation of state witness and therefore will not receive immunity from prosecution,” Hopwood said.
Access to Information in Namibia (Action) Coalition chair Frederico Links said: “His whereabouts in South Africa have been reported over the last three years as well as the fact that he has not been arrested despite various Namibian and South African authorities knowing exactly where he is or has been.”
Fishrot made headlines after a cache of 30,000 Wikileaks documents exposed allegedly crooked dealings in Namibia’s lucrative fishing industry.
One deal involved a joint venture between Namibia’s state-owned Fishcor and privately owned African Selection Fishing. A shell company, Celax Investments, was allegedly set up to divert money from the deal to Swapo-linked entities. De Klerk allegedly divided the spoils between 17 recipients.
He is wanted on various charges, including racketeering, conspiracy to commit an offence, fraud, theft and money laundering.
Icelandic fishing company Samherji allegedly paid millions to political figures and associates in Namibia to divert fishing quotas away from local businesses and inflate its own financial performance. The company did not respond to a written inquiry.
De Klerk claims the scheme was hatched at a meeting in Cape Town in December 2016.
Bribe money was allegedly used to shore up support for Geingob ahead of Swapo’s 2017 elective conference, in which he emerged victorious.
The Institute for Public Policy Research in Namibia has campaigned for those implicated in the scandal to be held accountable.
De Klerk claims he is the victim of a false narrative and that his role was merely to disburse funds to Swapo-linked individuals, not facilitate corruption.
He made similar statements in affidavits deposed in the corruption case. On September 8 he deposed an affidavit in South Africa saying he had “unwittingly involved himself in criminality”. He reiterated his willingness to testify by video link.
He claimed he was almost abducted in 2020 in South Africa while in a psychiatric facility for stress. There was no guarantee of protection in Namibia, he said. “I have not received that protection despite the fact that more than two years ago I submitted a full evidentiary affidavit to the anti-corruption commission (ACC) and the prosecutor-general’s office.
“I sincerely believe this constitutes a reasonable and valid reason for me to remain in hiding outside Namibia. My conduct in ‘telling all’ distinguishes me from a fugitive from justice who simply leaves the country and refuses to co-operate with the criminal justice system.”
The Namibian justice department did not respond to queries but the ACC confirmed a warrant for De Klerk’s arrest was issued in Namibia on April 29 2021.
“On July 15 2022 the Namibian head of Interpol confirmed ... to the Namibian anti-corruption commission that the extradition documentation had been processed through diplomatic channels and that a warrant of arrest had subsequently been issued by the South African authorities” said ACC deputy director-general adv Erna van der Merwe.
SAPS spokesperson Athlenda Mathe confirmed Interpol in South Africa received the extradition request. “We have already obtained a warrant of arrest in South Africa for him and the process to trace him and apprehend him continues.”
Geingob has consistently denied wrongdoing. Some of those facing charges include former fisheries minister Bernhard Esau and former justice minister Sakeus Shanghala.
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