• Home
  • JUSTICE
  • Fishrot lawyer’s extradition parked - for now
Marèn de Klerk Foto argief
Marèn de Klerk Foto argief

Fishrot lawyer’s extradition parked - for now

De Klerk claims innocence, fears for his life
The exiled lawyer says his hands are clean, despite being on the run.
Kristien Kruger
The extradition of Marén de Klerk, a former attorney implicated in the Fishrot scandal, has been temporarily halted at the request of South African authorities. Despite the fact that the application for De Klerk's extradition to Namibia has been withdrawn, Prosecutor-General Martha Imalwa has assured that this is not the end of the matter.

De Klerk fled the country in January 2020 following investigations into his possible involvement in the Fishrot scandal. He was subsequently sought by the Namibian government in connection with charges of corruption, fraud, theft and money laundering. He stands accused of using his law firm's trust account for the distribution of ill-gotten gains related to various accounts in the Fishrot corruption trial.

In February 2022, the Paarl Magistrate’s Court issued a warrant for his arrest, and he was taken into custody in Paarl in June last year. He was soon granted bail of N$50 000, which was recently refunded to him.

Incorrect procedure

Following De Klerk’s arrest, his extradition hearing began, handled by the South African National Prosecuting Authority. The case has since been postponed several times and was scheduled to resume last week in the Paarl Magistrate’s Court.

Two Namibian prosecutors, Cliff Lutibezi and Timotheus Itula, travelled to South Africa at the request of the Office of the Prosecutor-General to attend the proceedings. The case was reportedly withdrawn based on a Supreme Court ruling in South Africa that found that extradition requests should be brought by a country's justice ministry, not the prosecutor-general as in De Klerk's case.

The case was therefore withdrawn because the correct procedures were not followed. The withdrawal was effected by the South African prosecutor.

According to Imalwa, they are still in communication with the authorities in South Africa about the way forward.

‘Just following orders’

De Klerk has previously argued in court documents filed in other court proceedings that he is innocent.

"I strongly deny that I was part of any criminal activities and want to emphasise that I just carried out orders," he claimed at the time. He argued that he merely followed the instructions of the former attorney-general and now Fishrot-accused Sacky Shanghala and his partner and now co-accused James Hatuikulipi.

"In May 2017, I was instructed by the attorney-general as a legal practitioner to manage the Swapo election campaign. I had no reason to doubt the legality of the instructions. Based on these orders, I received funds from various companies, which I then paid over to certain individuals and entities," a statement from De Klerk read.

Before he was arrested and taken into custody last year, he claimed he had feared for his life for the past three years.

"There were indications that people were looking for me and it was not South African police officers, but rather rogue agents sent to either kidnap or kill me to prevent me from making any of the evidence in my possession known, or testifying in the Fishrot case," De Klerk said in a statement.

Comments

Namibian Sun 2024-07-02

No comments have been left on this article

Please login to leave a comment

Rugby World Cup U20: Wales U20 34 vs 41 New Zealand U20 | South Africa U20 57 vs 7 Fiji U20 | Australia U20 35 vs 11 Georgia U20 | Ireland U20 55 vs 15 Italy U20 | England U20 40 vs 21 Argentina U20 | France U20 49 vs 12 Spain U20 Katima Mulilo: 11° | 30° Rundu: 12° | 32° Eenhana: 12° | 32° Oshakati: 13° | 30° Ruacana: 13° | 30° Tsumeb: 15° | 27° Otjiwarongo: 8° | 27° Omaruru: 9° | 27° Windhoek: 7° | 24° Gobabis: 8° | 27° Henties Bay: 10° | 18° Wind speed: 21km/h, Wind direction: S, Low tide: 06:44, High tide: 13:07, Low Tide: 18:54, High tide: 01:19 Swakopmund: 13° | 16° Wind speed: 23km/h, Wind direction: S, Low tide: 06:42, High tide: 13:05, Low Tide: 18:52, High tide: 01:17 Walvis Bay: 11° | 21° Wind speed: 25km/h, Wind direction: S, Low tide: 06:42, High tide: 13:04, Low Tide: 18:52, High tide: 01:16 Rehoboth: 7° | 25° Mariental: 8° | 23° Keetmanshoop: 8° | 21° Aranos: 8° | 25° Lüderitz: 11° | 20° Ariamsvlei: 9° | 21° Oranjemund: 9° | 18° Luanda: 20° | 22° Gaborone: 10° | 26° Lubumbashi: 11° | 28° Mbabane: 11° | 27° Maseru: 6° | 18° Antananarivo: 6° | 21° Lilongwe: 15° | 27° Maputo: 15° | 30° Windhoek: 7° | 24° Cape Town: 12° | 15° Durban: 15° | 24° Johannesburg: 12° | 19° Dar es Salaam: 23° | 31° Lusaka: 14° | 27° Harare: 12° | 24° Currency: GBP to NAD 23.58 | EUR to NAD 20 | CNY to NAD 2.56 | USD to NAD 18.62 | DZD to NAD 0.14 | AOA to NAD 0.02 | BWP to NAD 1.32 | EGP to NAD 0.38 | KES to NAD 0.14 | NGN to NAD 0.01 | ZMW to NAD 0.77 | ZWL to NAD 0.04 | BRL to NAD 3.28 | RUB to NAD 0.21 | INR to NAD 0.22 | USD to DZD 134.17 | USD to AOA 862 | USD to BWP 13.66 | USD to EGP 48.11 | USD to KES 127.98 | USD to NGN 1504.9 | USD to ZAR 18.62 | USD to ZMW 23.95 | USD to ZWL 321 | Stock Exchange: JSE All Share Index Same 0 | Namibian Stock Exchange (NSX) Overall Index 1772.61 Down -1.31% | Casablanca Stock Exchange (CSE) MASI 13245.01 Down -0.44% | Egyptian Exchange (EGX) 30 Index 27985.89 Up +0.06% | Botswana Stock Exchange (BSE) DCI 9374.78 Same 0 | NSX: MTC 7.75 SAME | Anirep 8.99 SAME | Capricorn Investment group 17.34 SAME | FirstRand Namibia Ltd 49 DOWN 0.50% | Letshego Holdings (Namibia) Ltd 4.1 UP 2.50% | Namibia Asset Management Ltd 0.7 SAME | Namibia Breweries Ltd 31.49 UP 0.03% | Nictus Holdings - Nam 2.22 SAME | Oryx Properties Ltd 12.1 UP 1.70% | Paratus Namibia Holdings 11.99 SAME | SBN Holdings 8.45 SAME | Trustco Group Holdings Ltd 0.48 SAME | B2Gold Corporation 47.34 DOWN 1.50% | Local Index closed 677.62 UP 0.12% | Overall Index closed 1534.6 DOWN 0.05% | Osino Resources Corp 19.47 DOWN 2.41% | Commodities: Gold US$ 2 330.84/OZ DOWN -0.0007 | Copper US$ 4.43/lb UP +0.37% | Zinc US$ 2 935.80/T DOWN -0.18% | Brent Crude Oil US$ 87.10/BBP DOWN -0.0025 | Platinum US$ 997.18/OZ UP +2.06% Sport results: Rugby World Cup U20: Wales U20 34 vs 41 New Zealand U20 | South Africa U20 57 vs 7 Fiji U20 | Australia U20 35 vs 11 Georgia U20 | Ireland U20 55 vs 15 Italy U20 | England U20 40 vs 21 Argentina U20 | France U20 49 vs 12 Spain U20 Weather: Katima Mulilo: 11° | 30° Rundu: 12° | 32° Eenhana: 12° | 32° Oshakati: 13° | 30° Ruacana: 13° | 30° Tsumeb: 15° | 27° Otjiwarongo: 8° | 27° Omaruru: 9° | 27° Windhoek: 7° | 24° Gobabis: 8° | 27° Henties Bay: 10° | 18° Wind speed: 21km/h, Wind direction: S, Low tide: 06:44, High tide: 13:07, Low Tide: 18:54, High tide: 01:19 Swakopmund: 13° | 16° Wind speed: 23km/h, Wind direction: S, Low tide: 06:42, High tide: 13:05, Low Tide: 18:52, High tide: 01:17 Walvis Bay: 11° | 21° Wind speed: 25km/h, Wind direction: S, Low tide: 06:42, High tide: 13:04, Low Tide: 18:52, High tide: 01:16 Rehoboth: 7° | 25° Mariental: 8° | 23° Keetmanshoop: 8° | 21° Aranos: 8° | 25° Lüderitz: 11° | 20° Ariamsvlei: 9° | 21° Oranjemund: 9° | 18° Luanda: 20° | 22° Gaborone: 10° | 26° Lubumbashi: 11° | 28° Mbabane: 11° | 27° Maseru: 6° | 18° Antananarivo: 6° | 21° Lilongwe: 15° | 27° Maputo: 15° | 30° Windhoek: 7° | 24° Cape Town: 12° | 15° Durban: 15° | 24° Johannesburg: 12° | 19° Dar es Salaam: 23° | 31° Lusaka: 14° | 27° Harare: 12° | 24° Economic Indicators: Currency: GBP to NAD 23.58 | EUR to NAD 20 | CNY to NAD 2.56 | USD to NAD 18.62 | DZD to NAD 0.14 | AOA to NAD 0.02 | BWP to NAD 1.32 | EGP to NAD 0.38 | KES to NAD 0.14 | NGN to NAD 0.01 | ZMW to NAD 0.77 | ZWL to NAD 0.04 | BRL to NAD 3.28 | RUB to NAD 0.21 | INR to NAD 0.22 | USD to DZD 134.17 | USD to AOA 862 | USD to BWP 13.66 | USD to EGP 48.11 | USD to KES 127.98 | USD to NGN 1504.9 | USD to ZAR 18.62 | USD to ZMW 23.95 | USD to ZWL 321 | Stock Exchange: JSE All Share Index Same 0 | Namibian Stock Exchange (NSX) Overall Index 1772.61 Down -1.31% | Casablanca Stock Exchange (CSE) MASI 13245.01 Down -0.44% | Egyptian Exchange (EGX) 30 Index 27985.89 Up +0.06% | Botswana Stock Exchange (BSE) DCI 9374.78 Same 0 | NSX: MTC 7.75 SAME | Anirep 8.99 SAME | Capricorn Investment group 17.34 SAME | FirstRand Namibia Ltd 49 DOWN 0.50% | Letshego Holdings (Namibia) Ltd 4.1 UP 2.50% | Namibia Asset Management Ltd 0.7 SAME | Namibia Breweries Ltd 31.49 UP 0.03% | Nictus Holdings - Nam 2.22 SAME | Oryx Properties Ltd 12.1 UP 1.70% | Paratus Namibia Holdings 11.99 SAME | SBN Holdings 8.45 SAME | Trustco Group Holdings Ltd 0.48 SAME | B2Gold Corporation 47.34 DOWN 1.50% | Local Index closed 677.62 UP 0.12% | Overall Index closed 1534.6 DOWN 0.05% | Osino Resources Corp 19.47 DOWN 2.41% | Commodities: Gold US$ 2 330.84/OZ DOWN -0.0007 | Copper US$ 4.43/lb UP +0.37% | Zinc US$ 2 935.80/T DOWN -0.18% | Brent Crude Oil US$ 87.10/BBP DOWN -0.0025 | Platinum US$ 997.18/OZ UP +2.06%