The Fishrot De Klerk Affidavit.

De Klerk starts by saying he deposes of the affidavit without any charge or indictment against him.
He says he knows in his revelations are informing of corrupt practices
he relies on his memory, his phone and computer records
He says all paper files from his office are already with ACC
he concedes that this is evidence of criminal offences to which he may also be implicated in.
He highlights that the PG and ACC can use him as a state witness and he is allowed to ask for indemnity for offences
He highlights that the indemnity is if he coorperates with the Authorities in the Criminal proceedings and asks to be indemified against prosecution for assisting in the case.
He mentions the offences/contraventions he might have commited and asks for pardon from prosecution
Fraud, Contravention of POCA, FIA, ACA and 5 other criminal offences he was involved in with the fishrot accused.
He says his name & images have appeared in the newspapers and it has affected him until hospitalization and now on strong medicine bc of weak emotions and psychology
He mentions that no warrant or indictment are yet against him and he asks for an opportunity to explain his side of the story and how it will help ACC.
Even as a lawyer he says he was duped into doing some peoples dirty work since 2016 as he will explain.
He mentions after Dec 2016 he felt proud that law office was being used by Swapo but in hindsight, he was being abused for personal interest of highly influential politicians and well connected people
He says he believes his involvment in the presidential re-election campaign ws blessed by President & SWAPO party.
He says he did not mastermined the corruption and bribery scheme but was used by them to pay money like other lawyers under their trust accounts (law firm accounts)
He adds that he is not a fugitive and has been in contact with the ACC investigator since Jan 2020 out of his own will he made a report to FIC and retained the 4mil left in his account but when he visited ACC without a lawyer present he felt like he was being accused too he says
He further says that while he was in the hospital (SA) an assassination/abduction attempt was made against him which made him fear for his life and his family and hide in SA
De Klerk says he complied with the authorities so far and he says he was but a pawn in a chess game of bribery and corruption that funded SWAPO's political campaing and benefited influential politicians.
He says he was stupid for doing this which now ruined his life.
He says he hope to make things right by cooperating with the authorities, he starts naming key players in the schemes
1 Sacky Shangala, James Hatuikulipi, a Mr Adrian Louw (a fishing buss-man in angola and Namibia) Mr Breed, financial advisor to Mr Louw and right hand man.
Bernard Esau former minister of fisheries, Mike Nghipunya who became CEO of a company created, President Hage Geingob who was referred to as The Boss when payments were made, Celeste Cotzee a lawyer in De Klerks firm
Dawie Moller, Hatuikulipis partner
and John Penderis who referred Shangala and Hatuikulipi to De Klerk in the first place after De Klerk was appointed Aron Mushimbas estate executor
In an about me, De Klek says he has two passports and gives his number, he says he is not missinghe says he is surely in SA as reported and can be contacted anytime. he says the affidavit is lacking bc his files and notes are in his office but he can add or supplement same still
De klerk says his partners from the lawfirm prohibited anyone from talking to him or access to his other files for which he has his lawyers working on.
He then gives a story of his life, he started working for GRN (prosecutor) after graduating from stellies until he was articled
In 95 he says his mom was diagnosed with arthritis and sclerosis and lost her job and he has been covering her expenses, he bought her 2 cars over 20 years and since 2019 he has been fully responsible for her livelihood which he says placed a burden on him
He eventually became admitted in 97 and remained with his principle and a conveyencer in 98, in 2001 he went to start his own firm in whk, he was appointed a notary public in 02 the firm grew exponentially and he bought his own premises in 05. he lists some social achievements
such as being schoolboard member, founding a trust for his sons school and also being elected chairperson of the Law society's ethics comittee twice which responded to the publics complaints against lawyers, he highlights how he sold his first law firm building and bought another
with another lawyer for 3.9 mil mortgage in 2013, in 2014 he was appointed to administer Aron Mushimbas estate which brought good income in the short term he says.
He says fortunes started changing in 2015 and being an all white law firm they were being marginalized
he says all the work was being given to Black lawyers and in the context of History SWAPO was determined to shift the work opportunities from whites to Black, he says this started limiting his growth rate. In 2016 GRN tabled the NEEEF bill which required 25% of Nam businesses
25% to be owned by racially disadvantaged people(blacks) he says this started bothering him and took away his sleep and he started getting physiotherapy as this was concerning him such that he even wanted to emigrate as he had become accustomed to a certian lifestyle
he says that he prepared filed an objection to the bill/law as he was afraid he would become financially embarrassed in the eyes of his partners and his family because of the new law to come.
CREATING SEAFLOWER PELAGIC
Low in brief says he met Mr Louw a wealthy business man and acted for him in several deals since 2014 and said he was impressed by De Klerk.
2016 Dec while in SA De Klerk got a spontaneous call from Shangala then AG who informed him he wanted to talk
about business shortly therafter Mr Louw followed up with Whatsapps to Deklerk that he wants to meet with Shangala and Hatuikulipi on a bus deal, he says he did not ask what it was about because the players were big a rich man and the attorney general so he went.
At the meeting the players told De Klerk he was Chosen to be part of a big opportunity. Shangala said De klek would make a lot of money, since Shangala was AG he would approve most decisions made and they had plans of changing the law on fisheries to create a joint venture
He was also told that Louw would largley get preferential treatment as he was a big player in the fishing industry following from the law change as already discussed with Esau. Shangala was very excited and even said LOUW IS THE REAL DEAL!!
De klerk says there was a secret deal
between esau, shangala and Louw as he received preferred treatment. louw was hesitant to invest money as he was uncertian of the volume of the business that would come from the deals if he set up land based plants.
it came to be that louws angolan company and Fishcor created a JV
This was called Seaflower pelagric which with the help of esau, shangala and public office power was in no competition for fish as the ground was already set in previous meetings between the players, Louw would get the fishing rights first and benefit from there.
he says louw explained that the opportunitis for de klerk were premised on the fact that most keyplayers were prominent SWAPO members (connections and networking), legal documents would be required, he would get shares in the JV and he would become a director of Seaflower
De Klerk says he did not ask how much money he stood to make as Louw told him the AMOUNTS WERE LIKE TELEPHONE NUMBERS.
seeing as he was not black and income making opps were contracting he says
he says he became the link "how to do" for the politicians and the business man
He was then instructed by Shangala and Louw to open a new company, draft certian agreements related to qoutas and a shareholders agreement. During this time De klerk says he noticed Shangala was abusing public office for his benefit Louw had come in an Aston Martin and told him
if he plays his cards right he can also buy the car of his dreams soon, louw impressed secrecy and urgency for the documents once more. De Klerk then explains the need to change the law inorder to benefit the players directly as follows,
he says that Fishcor was created to be allocated qoutas by the minister, fishcor would then give 3rd parties these qoutas who would fish and process on sea, the legal amendment created forced parties to freeze and process on land to allegedly create jobs for locals
the joint venture Seaflower was then set up to conform to the new changes relayed above.
the second legal issue was the NEEEF bill and its 25% black requirment, louw was concerned that he wouldnt be able to build the processing and freezing plant needed. be that as it may
what follows is a back and forth of De klerk setting up the companies and following instruction relating to how best to manouver the legal grounds to achieve their plan of exploiting the fishing industry for themselves.
shortly after the companies were set up, In 2017 De Klerk was appointed director of Louws angolan company as well as Seaflower on the namibian side, he provided input on the qouta agreement as well as the shareholders agreement he also said to comply with NEEEF
He bought a shelf company (celtax) from his comp secretary and they transfered 25% of louws angolan company to it.this company was in De Klerk's sole name and he says it ws used by Hatuikulipi and Mike to funnel most millions between the company and his law firms trust account.
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