The N$3m saga that trapped De Klerk

Lawyer in court today for bail application
The fugitive lawyer approached the Hawks to seek assistance in recovering his millions from another controversial South African lawyer, only to walk into his own arrest.
Ellanie Smit
Mariental-born lawyer Marén de Klerk, an accused in the Fishrot saga, was arrested in South Africa while pursuing a separate case in which he was allegedly conned out of N$3 million by disbarred lawyer Ben van Heerden.

De Klerk, who, according to his own website, has been providing legal services in South Africa while evading authorities in Namibia, met the Directorate for Priority Crime Investigation – known as the Hawks – to obtain assistance in pursuing Van Heerden, who owes him millions.

Reports in South Africa suggest that De Klerk, who left Namibia in January 2020 soon after being questioned by the Anti-Corruption Commission (ACC), acquired legal services from Van Heerden in 2020 after coming to South Africa.

Unknown suspension

De Klerk was not aware that Van Heerden was suspended as a legal practitioner in May 2016 and struck from the roll in November of the same year.

"De Klerk left Namibia and was introduced to Van Heerden, whom he knew as a lawyer," the Mail & Guardian reported.

"Months later, and after De Klerk paid over R3 million into a South African trust account he believed was managed by Van Heerden, he became aware that the latter had been suspended in 2016."

When De Klerk began requesting money from his trust account, Van Heerden allegedly undertook to make a payment on several occasions but failed to do so.

"Meanwhile, De Klerk has laid criminal charges against Van Heerden and has escalated the matter to the Western Cape director of public prosecutions," the newspaper reported.

Turned to authorities for help

It was in pursuit of his millions from Van Heerden that De Klerk on Thursday last week met with the police in Paarl, Western Cape – only to be informed that a Paarl magistrate court had issued a warrant of arrest against him in 2022. The warrant was followed by the publication of a red notice by the international police organisation Interpol to arrest him, as the Hawks told him.

The South African government received a request from Namibia for De Klerk’s extradition on 15 October 2021.

He is wanted in Namibia, where he is accused of fraud, money laundering and racketeering, all related to the Fishrot scandal.

De Klerk briefly appeared in the Paarl court on Friday, but the matter was postponed to today for a bail application before magistrate Morajee Naik.

Bail proceedings

Mail & Guardian journalist Eunice Stoltz, who attended de Klerk’s brief court appearance on Friday, told Namibian Sun that the disgraced lawyer is being held in a single cell in Wellington for his own safety.

He covered his face with paper to prevent the media from taking photos of him, Stoltz said. The state has indicated it will oppose bail being granted.

Gladice Pickering, the executive director in the Namibian justice ministry, said they hope the application to grant De Klerk bail will be denied, as he poses a flight risk.

Namibia will be in contact with South African authorities to stress the urgency of his speedy extradition to Namibia.

Fishrot money

He has admitted in papers filed in the Namibian courts that he was at the centre of making payments in Namibia's biggest corruption scandal, using the now-defunct law firm De Klerk, Horn and Coetzee Incorporated (DHC), which he co-owned.

About N$82 million derived from state fishing quotas were channelled through DHC and a shell company, Celax Investments, for which he was the sole director. The money was diverted from these accounts to Swapo-linked entities as well as some individuals who are now his co-accused.

De Klerk claimed 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 congress, in which he emerged victorious.

De Klerk was born on 14 August 1968 in Mariental. He completed his compulsory South African military service, where he was promoted to the rank of 2nd lieutenant.

"After completing my military service, I completed my B.Comm, LLB degrees at the University of Stellenbosch in 1994," his website states, adding that he worked as a state prosecutor in Namibia from the same year.

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Namibian Sun 2024-11-16

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