De Klerk responds to Shikongo estate allegations
Former executor Marén de Klerk has provided clarification regarding his role in administering the estate of the late Matthew Shikongo, the former Windhoek mayor, in response to allegations revolving around an alleged unlawful withdrawal of N$3.8 million alongside estate administrator Martha Dobberstein.
De Klerk told Namibian Sun that he was formally appointed executor on 18 August 2021 by the Master of the High Court, following Shikongo’s passing in May that year.
De Klerk, who confirmed that he no longer resides in Namibia, appointed Dobberstein as his local agent.
“I submitted the first and final liquidation and distribution account to the Master of the High Court, who approved it and granted permission for advertisement on 18 May 2022," he said.
This constituted compliance with all legal requirements and no objections were raised by the Master of the High Court, De Klerk added.
He was responding to a recent Namibian Sun article, which quoted a formal complaint lodged with the Namibian Police’s Commercial Crime Unit by current estate executor Katrina Shikongo through her lawyers, Newaka & Co. Inc.
In the complaint, De Klerk and Dobberstein are accused of unlawfully pocketing N$3.8 million from Shikongo’s estate by allegedly transferring the funds into private accounts as “executor’s fees”.
Shikongo's legal team argue that the process had not yet been finalised and that no non-objection letter had been issued by the Master of the High Court, a procedural step that would normally precede any fee withdrawals.
The complainants argue that the transfer of funds was therefore “illegal and unlawful.”
Removal
De Klerk also refuted the legitimacy of his removal as executor by the High Court, clarifying that it occurred during a separate litigation involving Shikongo and August 26 Holdings.
He argued that only the Master or an interested party may lawfully apply for an executor’s removal, per the Administration of Estates Act.
Although he maintains that the court lacked jurisdiction, De Klerk said he voluntarily resigned in the interest of finalising the estate and was entitled to his executor’s fee for services rendered prior to that.
While De Klerk maintains that all withdrawals were lawful and based on an approved account and completed distribution, Katrina Shikongo maintains that the process was never completed in accordance with the law.
De Klerk told Namibian Sun that he was formally appointed executor on 18 August 2021 by the Master of the High Court, following Shikongo’s passing in May that year.
De Klerk, who confirmed that he no longer resides in Namibia, appointed Dobberstein as his local agent.
“I submitted the first and final liquidation and distribution account to the Master of the High Court, who approved it and granted permission for advertisement on 18 May 2022," he said.
This constituted compliance with all legal requirements and no objections were raised by the Master of the High Court, De Klerk added.
He was responding to a recent Namibian Sun article, which quoted a formal complaint lodged with the Namibian Police’s Commercial Crime Unit by current estate executor Katrina Shikongo through her lawyers, Newaka & Co. Inc.
In the complaint, De Klerk and Dobberstein are accused of unlawfully pocketing N$3.8 million from Shikongo’s estate by allegedly transferring the funds into private accounts as “executor’s fees”.
Shikongo's legal team argue that the process had not yet been finalised and that no non-objection letter had been issued by the Master of the High Court, a procedural step that would normally precede any fee withdrawals.
The complainants argue that the transfer of funds was therefore “illegal and unlawful.”
Removal
De Klerk also refuted the legitimacy of his removal as executor by the High Court, clarifying that it occurred during a separate litigation involving Shikongo and August 26 Holdings.
He argued that only the Master or an interested party may lawfully apply for an executor’s removal, per the Administration of Estates Act.
Although he maintains that the court lacked jurisdiction, De Klerk said he voluntarily resigned in the interest of finalising the estate and was entitled to his executor’s fee for services rendered prior to that.
While De Klerk maintains that all withdrawals were lawful and based on an approved account and completed distribution, Katrina Shikongo maintains that the process was never completed in accordance with the law.
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