Chinese fugitive wants her N$2m
A Chinese businesswoman implicated in a massive tax-evasion and money-laundering case in Namibia wants the High Court to unfreeze her Namibian bank account.
A Chinese businesswoman, linked to the N$3.5 billion fraud, tax-evasion and money-laundering case, has lodged an urgent application in the Windhoek High Court challenging the freezing of about N$2 million in her Namibian business account.
Zhang Ying, the only member of China South Industry and Trading CC, is a fugitive from Namibian justice. She resides in China.
Zhang left Namibia on December 23 last year and a warrant for her arrest was issued in January this year. Her departure coincided with the arrest of other suspects in the massive fraud and tax evasion case.
In papers before the court, she says the preservation of China South Industry and Trading's assets, allegedly used as a vehicle in the tax-evasion and money-laundering offences, gravely infringes upon the company's constitutional right to conduct business and trade.
Zhang wants the N$2 million, preserved as alleged proceeds of crime, released. Sisa Namandje, acting on behalf of Zhang, argued before Judge Shafimana Ueitele that the infringement was more serious in view of the fact that the preservation order had since expired. In the urgent application Zhang asks the High Court to set aside the warrant of arrest issued by the Windhoek Magistrate's Court on 6 January 2017.
She also wants the court to set aside the preservation order granted by the High Court on 17 January 2017, which she claims expired on 12 June 2017.
The court is also asked to declare that an application by the prosecutor-general for the forfeiture of her assets was invalid because the documents had not been served on China South Industry and Trading CC at its chosen address at No. S11 Oshikango China Town in Helao Nafidi prior to the expiration of the preservation order.
The applicant wants the court to order the respondents - the prosecutor-general, the Windhoek Magistrate's Court, the Namibian Police chief and Warrant Officer Emilia Nambadi - to return her money.
Zhang states in her sworn statement that the matter is urgent because her business has not been operating since the money was seized.
She maintains she no longer has funds to run the business and if the application is not heard on an urgent basis it will collapse in the next three or four weeks and might lead to the company's liquidation.
According to her, if the application is brought on ordinary basis a hearing will possibly only take place next year.
“The collapse and possible liquidation China South Industry and Trading CC will cause irreparable harm to the company and to me and we will not have substantial redress in due course,” Zhang argues.
The prosecutor-general, Martha Imalwa, says in her answering statement that Zhang has no address where the preservation order could be served, and she has no locus standi to act on behalf of China South Industry and Trading CC.
Imalwa maintains that the forfeiture application was served on Dan Sun at China South, China Town Oshikango, Shop No. W3 on 15 June 2017 and the company filed a notice to oppose the forfeiture application.
Imalwa explains that a suspect cannot be charged without a warrant of arrest and when an investigating officer applies for the issuing of such a warrant, he or she completes the paperwork and it only becomes a warrant of arrest after a magistrate has signed and stamped it.
“There is no case made out to set aside the warrant of arrest. The warrant of arrest against Zhang is not yet executed and she has no legal right to apply for any of the relief she sought as she is still a fugitive from justice and is not willing to subject herself to the jurisdiction of Namibian courts,” Imalwa argues.
The prosecutor-general also maintains in her statement that no sufficient facts are set out to render the application urgent.
Zhang's claim that she will be unlawfully arrested and detained is completely unfounded and without any factual basis, Imalwa says.
Judge Ueitele postponed the matter to 4 October for ruling.
The N$3.5 billion fraud case involves a number of Chinese businesspeople in Namibia, including a self-declared friend of President Hage Geingob, Jack Huang.
The only Namibian implicated so far is coastal businessman Julius Laurentius. Another Chinese national who was among the first to be arrested has since died in China, according to reports.
Another businessman, Huang Jinrong, has absconded and failed to appear in court during their last appearance. The accused are free on bail of N$1.5 million and N$1 million respectively.
FRED GOEIEMAN
Zhang Ying, the only member of China South Industry and Trading CC, is a fugitive from Namibian justice. She resides in China.
Zhang left Namibia on December 23 last year and a warrant for her arrest was issued in January this year. Her departure coincided with the arrest of other suspects in the massive fraud and tax evasion case.
In papers before the court, she says the preservation of China South Industry and Trading's assets, allegedly used as a vehicle in the tax-evasion and money-laundering offences, gravely infringes upon the company's constitutional right to conduct business and trade.
Zhang wants the N$2 million, preserved as alleged proceeds of crime, released. Sisa Namandje, acting on behalf of Zhang, argued before Judge Shafimana Ueitele that the infringement was more serious in view of the fact that the preservation order had since expired. In the urgent application Zhang asks the High Court to set aside the warrant of arrest issued by the Windhoek Magistrate's Court on 6 January 2017.
She also wants the court to set aside the preservation order granted by the High Court on 17 January 2017, which she claims expired on 12 June 2017.
The court is also asked to declare that an application by the prosecutor-general for the forfeiture of her assets was invalid because the documents had not been served on China South Industry and Trading CC at its chosen address at No. S11 Oshikango China Town in Helao Nafidi prior to the expiration of the preservation order.
The applicant wants the court to order the respondents - the prosecutor-general, the Windhoek Magistrate's Court, the Namibian Police chief and Warrant Officer Emilia Nambadi - to return her money.
Zhang states in her sworn statement that the matter is urgent because her business has not been operating since the money was seized.
She maintains she no longer has funds to run the business and if the application is not heard on an urgent basis it will collapse in the next three or four weeks and might lead to the company's liquidation.
According to her, if the application is brought on ordinary basis a hearing will possibly only take place next year.
“The collapse and possible liquidation China South Industry and Trading CC will cause irreparable harm to the company and to me and we will not have substantial redress in due course,” Zhang argues.
The prosecutor-general, Martha Imalwa, says in her answering statement that Zhang has no address where the preservation order could be served, and she has no locus standi to act on behalf of China South Industry and Trading CC.
Imalwa maintains that the forfeiture application was served on Dan Sun at China South, China Town Oshikango, Shop No. W3 on 15 June 2017 and the company filed a notice to oppose the forfeiture application.
Imalwa explains that a suspect cannot be charged without a warrant of arrest and when an investigating officer applies for the issuing of such a warrant, he or she completes the paperwork and it only becomes a warrant of arrest after a magistrate has signed and stamped it.
“There is no case made out to set aside the warrant of arrest. The warrant of arrest against Zhang is not yet executed and she has no legal right to apply for any of the relief she sought as she is still a fugitive from justice and is not willing to subject herself to the jurisdiction of Namibian courts,” Imalwa argues.
The prosecutor-general also maintains in her statement that no sufficient facts are set out to render the application urgent.
Zhang's claim that she will be unlawfully arrested and detained is completely unfounded and without any factual basis, Imalwa says.
Judge Ueitele postponed the matter to 4 October for ruling.
The N$3.5 billion fraud case involves a number of Chinese businesspeople in Namibia, including a self-declared friend of President Hage Geingob, Jack Huang.
The only Namibian implicated so far is coastal businessman Julius Laurentius. Another Chinese national who was among the first to be arrested has since died in China, according to reports.
Another businessman, Huang Jinrong, has absconded and failed to appear in court during their last appearance. The accused are free on bail of N$1.5 million and N$1 million respectively.
FRED GOEIEMAN
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