By: Kelvin Chiringa
Tamson Hatuikulipi’s wife, Ndapandula, says she is concerned that her assets are subject to a restraint order although there is no causal link between them and the allegations her husband is facing.
Ndapandula is the daughter of the former fisheries minister, Bernhardt Esau. Her husband is one of those currently in custody in connection with the Fishrot scandal.
Others are former justice minister Sacky Shanghala, former Investec bosses James Hatuikulipi and Ricardo Gustavo, Mike Nghipunya as well as Pius Mwatelulo.
Ndapandula was served with a provisional restraint order by the Prosecutor General over money her husband invested in properties she also claims to own.
In her affidavit, Ndapandula wants to show cause why the PG’s order should not be made final.
In an affidavit deposed on the 31st of August 2021, Ndapandula says her situation is precarious because she is being deprived of her businesses due to accusations that they are products of proceeds of crime.
“Even in the event that allegations contained therein are truthful, which I deny they are, in as far as it relates to me, my entities, my husband and his entities, it means that any person may have their assets deprived from them even if they knowingly and in bona fide manner received an affected gift,” she says.
The Prosecutor General alleged that a company known as JTH Trading CC made payments to an appointed contractor for the development of a Swakopmund housing sectional units (Erf 2788) amounting to N$3,5 million.
The property is identified as Swakopmund Lofts which she co-owns with her husband and is meant for leasing and selling for profit.
Ndapandula contends that the money invested by her husband to develop this property came from legitimate financial sources, Tamson’s business ventures.
“The property does not constitute an affected gift as the investment made therein does not derive from any unlawful activity in as far as I am concerned,” she says.
The PG also said the same company of Tamson paid Ndapandula some questionable N$54 500.
The PG has also said that a questionable payment of N$274 820 was made by Erongo Clearing and Forwarding CC to Oholo Trading CC in respect of a property identified as Erf 148 Rossmund, Swakopmund. Ndapandula is the sole member of Oholo Trading CC.
Another allegation is that a payment of N$10.5 million was paid by JTH Trading CC to Straus Group (contractor) for the construction of dwellings on Erf 148 and 149 Rossmund, Swakopmund.
This is in connection with a development of apartments on Erf 2788 in Swakopmund.
Allegations from the PG are that Bernhardt Esau received some N$2.1 million from JTH Trading CC, Fitty Entertainment CC, and Trustees of Cambadara Trust into a Bank Windhoek bank account with account number 800524067.
Further the PG has alleged that there were no repayments of these amounts to the defendants.
This implies that the money could not have been received on the guise of being a loan and as such these payments constituted affected gifts.
“An amount of N$1 million received by the Trustees of Cambadara Trust was in respect of dividends paid out by D&M Rail Construction (Pty) Ltd which value was legally due to Esau. I deny that the other two payments totaling N$580 000 and N$600 000 made by JTH Trading CC and Fitty Entertainment CC to Esau constitute an affected gift.
“In amplification of this denial, I state that the payments so received by Esau were payments made during the course of business dealings. The above payments do not… derive from any unlawful activity in as far as I am concerned,” she explains.
Ndapandula further says that all the money received by her husband was legitimate and that she has no reason to believe that the funds transferred to her were derived from unlawful means.
“What is of concern herein is that I am now placed in a position where my own property that I have worked for are being subject to a restraint order,” she says.
Ndapandula also states that the money did not make up proceeds of crime and that the erven does not constitute an affected gift as it does not derive from any unlawful activity as far as she is concerned.
Further, Ndapandula has 50% ownership of Gwaaniilongo Investment (Pty) Ltd.
She has pleaded with the court to dismiss the PG’s application seeking a final restraint order against her properties and those of the entities she represents
Ndapandula has told court that she married out of community of property.
She also asserts that in her business dealings along with her husband, she has always operated within the confines of the law.
“I have no reason to believe that my husband acted any differently that I have as I have always known him to be an excellent businessman who has at all times conducted his businesses in an utmost professional and ethical manner,” she says.
