Shapwa’s ‘blesser’ revealed
Loan court battle reveals web of connections
A court case in which businessman Shapwa Kanyama sued a business associate over a loan advanced at the height of the Covid-19 pandemic has unearthed a web of connections.
Medical tender guru Shapwa Kanyama says claims that his South African-based pharmaceutical friend Vikramkumar Naik is bankrolling his business are “getting personal”, after court documents detailing the exact financial links between the two emerged.
Naik, a Zimbabwean national who has since acquired Namibian citizenship, is the executive chairman and founder of the Avacare Health Group, which owns, amongst others, the ErongoMed and Suprahealthcare companies that landed health tenders worth millions.
Kanyama has over the years denied allegations that he is Naik’s business proxy and front in Namibia.
It all unravelled in August 2021 when Kanyama - in his personal capacity - entered into an agreement to lend N$8.9 million to Analytical Technology and Chemical Supply Pty Ltd, owned by Geoffrey ‘Beau’ Kauta.
Naik availed the funds to make the loan happen, but Kanyama told Namibian Sun that his relationship with the businessman - whom he described as his friend - is above board.
After Kauta allegedly failed to honour all the conditions of the agreement, Kanyama dragged him to court in a bid to force him to comply.
The court documents are potentially damning for Kanyama, offering proof that he has direct links to Naik, while raising questions about possible collusion and insider trading amongst players in the health tender business in general.
Farm as surety
Analytical Technology, according to Kanyama, landed a tender to supply Covid-19 test kits to the health ministry, which prompted Kauta to turn to Kanyama for financial assistance.
Kauta’s company would procure the kits from Cepheid Pty Ltd.
Kanyama’s lawyer Trevor Brockerhoff from Brockerhoff and Associates then prepared the loan agreement, which was signed on 18 August 2021. As per the agreement, Kauta was supposed to repay the loan by 18 November 2021, with interest of 23% - which amounts to about N$2 million.
Kauta also offered his 4 000 hectare farm in the Kunene Region as surety. A search at the Registrar of Deeds Office shows that he bought the farm for N$2.7 million in 2011 from prominent medical doctor Charles Karamata.
Trust issues
Upon signing the agreement, surprisingly, Naik’s company Avacare on 28 August 2021 transferred the money to Cepheid on behalf of Kanyama under the loan deal.
However, on 28 October that year, Cepheid informed Kauta that it could not receive payment on behalf of his company from third parties.
Two months later, Cepheid repaid the money into Kauta’s Bank Windhoek account, who then transferred the funds to the trust account of Brockerhoff and Associates on 7 February last year.
At this stage, Brockerhoff was not only Kanyama’s lawyer - the duo also formed a business relationship after they acquired the controversial pharmaceutical company Amnics Trading on 1 December 2021.
Kanyama owns 95% of the business while Brockerhoff owns the remaining 5%. Prior to that, Amnics was owned by Naik and Chen-Yen Wu, who owned 50% each of the business.
Chen-Yen recently introduced himself as the managing director of Amnics, which continues to hog newspaper front pages after emerging as the leading contender to scoop a huge chunk of a disputed N$650 million tender to supply government with gloves and condoms.
On 28 March 2022, Kauta instructed Kanyama’s lawyer-cum-business partner Brockerhoff to transfer the funds to Kanyama as repayment of the loan.
Kanyama defended using the services of Brockerhoff, who had drafted the legal contract between himself and Kauta.
“Trevor Brockerhoff is a lawyer I trust. If money was sent to Kauta, he might claim that he did not receive it,” he said in court papers.
He also defended his relationship with Naik, saying they were friends because they were involved in similar businesses.
“I bought the company from them [Naik and Chen-Yen], we are in the same trade, and we are friends. Is it wrong?” he questioned.
Tread carefully
Meanwhile, when contacted for comment, Brockerhoff said his law firm is a separate entity and that he dealt with Kanyama in his personal capacity.
“Myself and Shapwa Kanyama are business partners. It has nothing to do with my law firm, so the transaction you are talking about was as a consequence of an agreement I drew up,” he said.
“Are you saying [that] because we have common interests, my business cannot act for him [Kanyama]?”
Brockerhoff was then asked whether he complied with the Legal Practitioners Act with regards to the use of his law firm’s trust account. To this, he said: “It’s a foolish question, there is a ‘Know Your Customer’ requirement. If you say my trust account is used for illegalities, we will have another conversation”.
Frantic efforts to reach Naik for comment proved futile.
Naik, a Zimbabwean national who has since acquired Namibian citizenship, is the executive chairman and founder of the Avacare Health Group, which owns, amongst others, the ErongoMed and Suprahealthcare companies that landed health tenders worth millions.
Kanyama has over the years denied allegations that he is Naik’s business proxy and front in Namibia.
It all unravelled in August 2021 when Kanyama - in his personal capacity - entered into an agreement to lend N$8.9 million to Analytical Technology and Chemical Supply Pty Ltd, owned by Geoffrey ‘Beau’ Kauta.
Naik availed the funds to make the loan happen, but Kanyama told Namibian Sun that his relationship with the businessman - whom he described as his friend - is above board.
After Kauta allegedly failed to honour all the conditions of the agreement, Kanyama dragged him to court in a bid to force him to comply.
The court documents are potentially damning for Kanyama, offering proof that he has direct links to Naik, while raising questions about possible collusion and insider trading amongst players in the health tender business in general.
Farm as surety
Analytical Technology, according to Kanyama, landed a tender to supply Covid-19 test kits to the health ministry, which prompted Kauta to turn to Kanyama for financial assistance.
Kauta’s company would procure the kits from Cepheid Pty Ltd.
Kanyama’s lawyer Trevor Brockerhoff from Brockerhoff and Associates then prepared the loan agreement, which was signed on 18 August 2021. As per the agreement, Kauta was supposed to repay the loan by 18 November 2021, with interest of 23% - which amounts to about N$2 million.
Kauta also offered his 4 000 hectare farm in the Kunene Region as surety. A search at the Registrar of Deeds Office shows that he bought the farm for N$2.7 million in 2011 from prominent medical doctor Charles Karamata.
Trust issues
Upon signing the agreement, surprisingly, Naik’s company Avacare on 28 August 2021 transferred the money to Cepheid on behalf of Kanyama under the loan deal.
However, on 28 October that year, Cepheid informed Kauta that it could not receive payment on behalf of his company from third parties.
Two months later, Cepheid repaid the money into Kauta’s Bank Windhoek account, who then transferred the funds to the trust account of Brockerhoff and Associates on 7 February last year.
At this stage, Brockerhoff was not only Kanyama’s lawyer - the duo also formed a business relationship after they acquired the controversial pharmaceutical company Amnics Trading on 1 December 2021.
Kanyama owns 95% of the business while Brockerhoff owns the remaining 5%. Prior to that, Amnics was owned by Naik and Chen-Yen Wu, who owned 50% each of the business.
Chen-Yen recently introduced himself as the managing director of Amnics, which continues to hog newspaper front pages after emerging as the leading contender to scoop a huge chunk of a disputed N$650 million tender to supply government with gloves and condoms.
On 28 March 2022, Kauta instructed Kanyama’s lawyer-cum-business partner Brockerhoff to transfer the funds to Kanyama as repayment of the loan.
Kanyama defended using the services of Brockerhoff, who had drafted the legal contract between himself and Kauta.
“Trevor Brockerhoff is a lawyer I trust. If money was sent to Kauta, he might claim that he did not receive it,” he said in court papers.
He also defended his relationship with Naik, saying they were friends because they were involved in similar businesses.
“I bought the company from them [Naik and Chen-Yen], we are in the same trade, and we are friends. Is it wrong?” he questioned.
Tread carefully
Meanwhile, when contacted for comment, Brockerhoff said his law firm is a separate entity and that he dealt with Kanyama in his personal capacity.
“Myself and Shapwa Kanyama are business partners. It has nothing to do with my law firm, so the transaction you are talking about was as a consequence of an agreement I drew up,” he said.
“Are you saying [that] because we have common interests, my business cannot act for him [Kanyama]?”
Brockerhoff was then asked whether he complied with the Legal Practitioners Act with regards to the use of his law firm’s trust account. To this, he said: “It’s a foolish question, there is a ‘Know Your Customer’ requirement. If you say my trust account is used for illegalities, we will have another conversation”.
Frantic efforts to reach Naik for comment proved futile.
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