De Klerk has nothing to fear in Namibia – PG

Prosecutor general (PG) Martha Imalwa says lawyer Marén de Klerk has nothing to fear if he is to be extradited to Namibia to face charges of corruption, fraud, theft and money laundering related to the Fishrot corruption scandal.

This week, De Klerk, who has been arrested in South Africa, told the Paarl Magistrate’s Court he would not receive a fair trial and would not be safe if he were to be extradited to Namibia.

De Klerk was arrested by the South African Hawks and Interpol last week.

In his bail testimony, De Klerk has accused Anti-Corruption Commission (ACC) deputy director general Erna van der Merwe of failing to safely keep an affidavit made by him, which has been leaked to the media.

However, Imalwa has said if the fugitive lawyer fears anything should he arrive in Namibia, he was free to call her directly.

“There is no need for him to be afraid. Namibia is a country which is being governed by the principles of the rule of law. It protects everyone, and not only its citizens, but anyone who finds himself in the territory of Namibia.

“We have the machineries in place. In actual fact, he is being sought to come to Namibia and stand trial. We are aware of the evidence he has given to the state agency, and anything threatening his life has to be considered.

“Protection has to be there. There is nothing he can fear. If he is fearing [anything] he should contact this office. I am available 24 hours,” she has said.

ACC director general Paulus Noa yesterday declined to comment on whether his office would ensure De Klerk’s safety, saying such matters were in the purview of the PG and the police.

Both police inspector general Joseph Shikongo and national police spokesperson deputy commissioner Kauna Shikwambi yesterday said they were travelling and could thus not comment.

‘NOT A WHISTLEBLOWER’

Imalwa has in the meantime refused to entertain the lawyer’s submissions that he is a whistleblower in the case.

The same position has also been taken by Noa, who last week said De Klerk did not help the anti-graft agency with any evidence.

“A whistleblower is a person who gives information on what is happening. De Klerk never approached the state law-enforcement agencies. He actually came on board when he was confronted, and therefore he cannot claim to be a whistleblower.

“If he is doubting the justice system of Namibia where he was working, then I wonder why. De Klerk has been working, practising law here.

“If he has no confidence in the justice system of Namibia he should not have been practising in his own country. De Klerk is a Namibian citizen born in Namibia,” the PG has said.

The Office of the Prosecutor General has in the meantime dispatched a team meant to assist the South African prosecution team as the De Klerk bail hearing unravels.

Noa yesterday told The Namibian Van der Merwe is also in South Africa for the bail hearing.

She in turn confirmed yesterday that the Paarl Magistrate’s Court would deliver its judgement today.

Noa said: “We have already welcomed the arrest of Mr De Klerk, and are keen to have Mr De Klerk extradited to Namibia to face prosecution together with other co-accused.

“The reason for ACC officials to form part of the team to South Africa speaks to our keen interest to have him extradited.”

He said the team is in South Africa to provide the prosecution authority of South Africa with information during bail application proceedings if required to do so.

“Even if it means to stand in the witness box to testify,” Noa said.

Ministry of Justice executive director Gladice Pickering said the finalisation of the extradition process depends on De Klerk’s cooperation and whether the court is satisfied with the application.

“This process is yet to start, because Mr De Klerk applied for bail,” she said.

Pickering said the South African authorities are cooperating very well with Namibia.

“The bail application was concluded today and judgement was reserved until tomorrow (today).”