The evening that sealed Conradie’s fate

The fall of Dirk Conradie — from veteran, prominent lawyer to a criminal convict and potential prisoner — began on the evening of 12 June 2012, when he told the owners of advertising agency DV8 Saatchi & Saatchi ‘I do my part, you do your part’.

According to evidence later presented in court, Conradie proposed that the agency bring Sara Damases on board as a black economic empowerment (BEE) partner. In return, he would ensure DV8 secured a N$60 million MTC advertising tender. At the time, Conradie was chairperson of the MTC board.

Damases is the former wife of Petrus Damaseb, Conradie’s then law partner at Conradie & Damaseb Legal Practitioners. There is no suggestion that Damaseb — now Namibia’s judge president and deputy chief justice — had any involvement in the matter.

Fourteen years later, Conradie and Damases were convicted. In a 74-page ruling delivered on Tuesday, High Court Judge Thomas Masuku found them guilty of soliciting and attempting to secure bribes to influence the award of the lucrative MTC contract.

The recorded meeting

On the chilly evening of 12 June 2012, Conradie hosted Damases and DV8 owners Mark Bongers and his wife, Kim, at his law firm’s offices. The agenda was singular - DV8 was to cede a stake in the company to Damases as a BEE partner, in exchange for Conradie’s assistance in swaying the tender award.

In 2013, Namibian Sun obtained a transcript derived from a secret recording of that meeting. In it, Conradie made a series of statements that would later form the backbone of the prosecution’s case.

“No one should eat this cake alone, and for so long,” he remarked in opening the discussion — a meeting set up by Damases on Conradie’s advice.

He indicated that he would not allow Advantage Y&R, which had held the MTC advertising contract for nearly 17 years, to retain the new N$60 million tender.

Before continuing, Conradie asked whose vehicle was parked outside — a moment that suggested unease — but was reassured that it belonged to one of the meeting’s attendees.

‘I can sway the scale’

Conradie told the Bongers that he had sent Damases to them because the board decision on the tender would be taken on 19 June 2012.

“I sent Sara to you. On the 19th, the decision will be taken. I told my friend, my sister Sara to come see you because the guys that I wanted to push are not ready,” he said.

He admitted DV8 was not the leading bidder.

“You are not the favourite, I must say. I’ll do my best to give it to you. I told my colleagues I’ll give it to you.”

At the time, MTC was co-owned by Portugal Telecom — which had two representatives on the board — and the Namibian government. Conradie nevertheless assured DV8 that he had secured sufficient support.

“The Portuguese have two directors, but there’s a Namibian director who is always on the Portuguese’s side,” he said.

When informed that DV8 had no BEE partner, Conradie pointed to Damases: “That’s your partner [pointing to Damases].”

“The thing is that the scale is very much against you, but I can sway the scale,” he added. “Sara will have to be involved in the marketing business. I just told Sara, ‘this tender is not going back to Advantage, so just find a partner’.”

Promises and precautions

Conradie framed his proposal as transformation.

“I want to see my people getting a slice of the cake and that’s the transformation I’m bringing at MTC. This is a sizeable tender that you can really look at.”

He went further, promising to extend the contract once awarded.

“In two years, if you’re well behaved, then you’ll get another two years. I’ll make sure that my term [as MTC chairman] is extended. I do my part, you do your part.”

Conradie instructed the Bongers to communicate their decision through Damases, as he would be travelling to Portugal the following weekend for a meeting where the final tender decision would be made.

“Just discuss with Sara and whatever you discuss she will call me on the night of the 18th,” he said.

He advised them to avoid direct communication with him.

“We never met. If I make you a deal, don’t disappoint me because my head will be on the line.”

In a parting remark, he joked: “If this did not work out, I’ll be angry with Sara because she brought me wrong partners.”

Report to the ACC

Disturbed by the proposal, Bongers and his wife sought legal advice and subsequently reported the matter to the Anti-Corruption Commission (ACC).

Conradie and Damases were arrested upon his return from Portugal later that month.

In his judgment, Masuku said the evidence demonstrated that Conradie possessed insider knowledge regarding the tender process and outcomes.

The court found that the pair conspired to commit an offence under the Anti-Corruption Act by arranging the meeting and attempting to persuade the Bongers to accept Damases as part of DV8’s BEE structure in exchange for influence over the tender award.

“In view of the foregoing, I am of the opinion that the State has proved the guilt of the accused persons in relation to this count beyond a reasonable doubt,” Masuku ruled.

However, on a second count — solely against Conradie — of corruptly using an office or position for gratification, the court found that the State had failed to prove beyond reasonable doubt that MTC qualifies as a public body under the relevant provisions.

Conradie was acquitted on that charge.

Bail conditions and next court date

Following the conviction, Masuku ordered Conradie and Damases to report to the police every Friday pending sentencing.

They are due to return to court on 26 February, when a date for presentence proceedings will be determined.