Plot ownership surprises Esau

EX-MINISTER of fisheries and marine resources Bernhard Esau was “extremely surprised” to hear this week that a close corporation of which he and his wife are the members owns a plot of land at Otjiwarongo.

Defence lawyer Richard Metcalfe said in the Windhoek Magistrate’s Court yesterday that Esau was not aware an erf at Otjiwarongo was registered in his name – and if he had known it he could have also offered the erf to the state as security for bail.

Not only did Esau not know he was the owner of the erf, but he also does not want the property and is offering it to the state, Metcalfe said.

Metcalfe related Esau’s version about his ownership of the property to the court while cross-examining Anti-Corruption Commission investigator Willem Olivier. On Wednesday, Olivier testified before magistrate Duard Kesslau he has established that Esau and his wife, Swamma Esau, are the members of the close corporation Otjiwarongo Plot 51 CC, which bought a property at Otjiwarongo with money that came from an account of the law firm De Klerk, Horn & Coetzee Incorporated.

Olivier also noted that Esau did not include the erf in his declaration of properties in an affidavit provided to the court at the start of his and his son-in-law Tamson Hatuikulipi’s bail hearing on Monday.

In the affidavit, Esau stated he owns two immovable properties – a farm in the Gobabis district and a house in Hochland Park, Windhoek, with a combined value of N$23 million – and offered to cede the farm and house to the state as security for bail, while also offering to deposit a further cash amount of N$50 000 as bail.

Metcalfe added to this offer yesterday by saying Esau is now also offering the erf at Otjiwarongo to the state. He handed to magistrate Kesslau a power of attorney signed by Esau and his wife, in which they authorise the prosecutor general to have the property transferred to the state.

Metcalfe told Olivier according to his instructions Esau had gone to see lawyer Marén de Klerk on a recommendation from former justice minister Sacky Shanghala to have his will drawn up, and De Klerk then showed him photographs of properties for sale at Otjiwarongo and asked him if he was interested in buying a plot. Esau told De Klerk he did not have money to buy land at the town – and to his surprise heard this week he was the registered owner of a property at Otjiwarongo, Metcalfe said.

Olivier testified the ACC’s investigations have shown a total amount of N$75,6 million was paid by the National Fishing Corporation of Namibia (Fishcor) into the trust account of De Klerk’s law firm, and that from there the money was distributed to other entities and people connected to the Fishrot fishing quotas corruption case.

An ACC investigator and analyst, Selma Kalumbu, who also testified yesterday, said she did not find a record of the payment of any money from the trust account of De Klerk’s firm to a bank account of Esau.

However, a payment of N$275 000 with the description ‘B Esau’ to De Klerk’s company Celax Investments Number One was reflected in the bank account records of De Klerk, Horn & Coetzee Inc’s trust account.

From a bank account of Celax, an amount of N$975 000 was paid with the transaction reference ‘Esau Plot’, Kalumbu confirmed.

The bail hearing is due to continue today.