Imalwa says State has ‘sufficient evidence’ against De Klerk

The State in February said it was finalising a new extradition application to bring fugitive lawyer Maren de Klerk back to Namibia following the completion of its investigation into his alleged involvement in Fishrot.In an affidavit submitted to the High Court on 5 February, acting prosecutor general Martha Imalwa said the State wanted De Klerk returned from South Africa to face criminal charges.“The investigation team has secured sufficient evidence to establish reasonable grounds for the applicant's involvement in these offences, which are expected to result in multiple convictions,” the affidavit reads.“The State is currently finalising a revised extradition application to secure De Klerk's return so that he may be formally charged with the underlying offences,” Imalwa noted at the time.A previous extradition application was withdrawn by South Africa's national director of public prosecutions on 19 June 2024 because of technical deficiencies.De Klerk, a former Windhoek-based lawyer, was a director of Seaflower Pelagic Processing, a joint venture between the state-owned National Fishing Corporation of Namibia (Fishcor) and African Selection Fishing.He left Namibia in January 2020 after being questioned by police and the Anti-Corruption Commission in connection with the Fishrot scandal and has not returned.By the time of publication, Namibian Sun was unable to establish how far the extradition process had progressed since Imalwa’s February affidavit or whether any charges against De Klerk had been finalised.Dispute over N$1.3 millionImalwa's disclosures form part of a legal dispute over De Klerk's N$1.3 million retirement annuity, which Namibian Police seized in June 2024.Her affidavit was filed in support of the former inspector general of the Namibian Police, Joseph Shikongo, who is opposing De Klerk's application to have the seizure declared unlawful.The matter was heard in the High Court on Monday but was postponed to 16 November for an opposed-motion hearing after the State's lawyer, Jabulani Ncube, indicated that he was engaged in another matter scheduled for the same time.The hearing will proceed before deputy judge president Hannelie Prinsloo.De Klerk's retirement annuity, held with Sanlam Namibia, matured on 1 June 2024, after which he instructed the insurer to transfer the proceeds into an Absa Bank account in South Africa.Five days later, on 6 June, Namibian Police issued a seizure notice under section 28(1) of the Prevention of Organised Crime Act (Poca), preventing the transfer.De Klerk approached the High Court in February 2025, arguing that the seizure violated section 37A(1) of the Pension Funds Act, which protects pension benefits against certain forms of attachment.“There was no lawful exercise of any powers by the Police under POCA,” De Klerk said in his affidavit.He wants the court to declare the seizure unlawful and order the release of his retirement funds.Fugitive statusThe State disputes his argument, maintaining that the annuity was no longer protected in the manner he claims once it matured and became payable.It also argues that transferring the money to South Africa could place the funds beyond the reach of Namibian authorities.Imalwa further contends that section 99 of Poca prevents De Klerk from seeking relief in court while he remains a fugitive.She has asked the High Court to dismiss his application with costs.Imalwa said the State was pursuing asset restraint proceedings alongside efforts to extradite De Klerk, with the intention of preserving property that could eventually be confiscated if he is convicted.“Any delay in the formal restraint application is a direct consequence of the applicant's status as a fugitive, and the inherent complexities of securing his presence to face trial,” she said.In July, the High Court granted a restraint order covering assets valued at up to N$75.3 million linked to De Klerk and his company, Celax Investments Number One.Although the investigation has been completed, De Klerk has not yet been formally charged in Namibia.

Imalwa says State has ‘sufficient evidence’ against De Klerk

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Namibian Sun 2026-11-10

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Imalwa says State has ‘sufficient evidence’ against De Klerk

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Namibian Sun 2026-11-10

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