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SHANGHALA, HATUIKULIPI SAID GEINGOB INSTRUCTED THEM TO SET UP A DONATION STRUCTURE

UNTOLD STORY OF FISHROT PAYMASTER MAREN DE KLERK
De Klerk says in May 2017/ June 2017, Shanghala called him asking for a meeting. Before Shanghala called him, Penderis has told De Klerk that both Shanghala and Hatuikulipi had asked him about which lawyer they would use and that he Penderis had suggested De Klerk.
Here is what went down during that meeting held at De Klerk’s offices in his own words:
• Shanghala and Hatuikulipi explained to me that they had been mandated by President Hage Geingob, who they referred as the Boss to set up a structure to deal with the management and distribution of contributions paid to Swapo and the government by their supporters. I was advised that these contributions were expected to increase dramatically ahead of the upcoming local and government elections. According to Shanghala and Hatuikulipi, no structure was in place to administer or distribute these contributions, and the collection and payment thereof to date had taken place in a chaotic manner. I interpose here to mention that Hatuikulipi had the habit of referring to me and other persons in emails as boss but although he used this word interchangeably, it was clear to me that the reference to the boss with regard to the structure referred to above was a clear reference to President Hage Geingob.
• I was told that some of these contributions had been made to Swapo directly and some of these contributions had been made to the government-owned entities such a Fishcorp. With the benefit of hindsight, I admit that the fact that donations were allegedly being made to a government-owned company and not only to Swapo, should have rung bells but I did not interrogate this aspect further.
• According to Shanghala, the Boss had become extremely concerned that Swapo had lost control over the contribution collection process, and that there was no system in place to link the money received to the ultimate beneficiary. Shanghala explained that he together with Hatuikulipi had been personally mandated by the Boss to find a solution to the problem.
• Shanghala informed me that the Boss had appointed Hatuikulipi as his economic advisor to design a bespoken structure to manage and to distribute these contributions. As I shall explain shortly, this structure initially was to be called Ndilimane, but this name was rejected by the Namibian Registrar of Companies as there were other companies already registered with that name, and the name was later changed and registered as SIFA.
• Shanghala described Hatuikulipi as the architect of the Ndilimane project and he confirmed to me that the Boss had accepted Hatuikulipi’s recommendation to proceed as follows:
1. Monies already received would be transferred into attorneys’ trust accounts where they would be managed by the attorneys operating these accounts as fiduciary as instructed by Shanghala and Hatuikulipi until the Ndilimane structure was in place. I am not sure if Shanghala or Hatuikulipi mentioned the names of the other Namibian attorneys who they had approached or intended to approach.
2. New monies would be deposited into the Ndilimani structure to be administered in terms of the rules of that structure. Shanghala and Hatuikulipi explained that because of their prior dealings with me and because my experience and expertise as a lawyer who dealt with trusts was known to them, they had recommended to the Boss that I should be appointed as the attorney to advise and to assist them with setting up of the Ndilimani structure and the Boss had agreed.
De Klerk says on 15 August 2017, he received a Whatsapp message from Hatuikulipi that read:
Hi Maren
Good morning. Please, pay N$2 million from Celax as discussed for the Boss. Send POP when done. Otuafika Logistics CC Acc no. 8004027421, Bank Windhoek, Main Branch, 481972
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