Huang gets court victory

Chinese businessman Jack Huang has received some relief from the Windhoek High Court in his business dealings with trade unionist Petrus Nevonga and former Swapo councillor Christian Itope.

Huang, through his company Sun Investments, had sued Jinhao Investment for N$715 000, and yesterday Judge Shafimana Ueitele granted him payment of N$550 000.

In his claim, Huang told the court that on 3 October 2016, a loan of N$550 000 was made to Jinhao for “business operations”.

Huang had set up Jinhao along with Nevonga and Itope on 27 October 2015. The company was trading as Super Foods in Ondangwa.

The money was due to be paid back by 30 May 2018, which Huang says was not done, and thus he asked the court to enforce a payment of N$715 000, which includes 20% annual interest.

In his papers, he included a letter from Itope which acknowledged the debt, and that stated “we have been experiencing some financial hardships”. Huang is also embroiled in a N$3.5 billion fraud and money-laundering case, which is still before the courts. Nevonga is the long-serving Namibia Public Workers Union (Napwu) secretary-general, while Itope is a former Ondangwa councillor. Huang's other lawsuit against Nevonga, Itope and Jinhao, over a total claim of N$3.7 million, was also on the roll yesterday.

However, the matter was postponed to 19 March for a pre-trial conference. This case is also being heard by Ueitele.

Nevonga, Itope and Jinhao filed an intention to defend last year, and in their plea dated 16 November last year, they said the money lent to them would only be repaid once Super Foods made a profit. They also denied that Huang had left Jinhao on 2 February 2018.

They told the court there was an “oral agreement between Huang and them that because of the tax issues Huang was engaged in he would appoint an agent who shall at all material times act in the stead of Huang”.









They deny the three claims totalling N$3.7 million, and have asked Huang to produce proof.





In his first claim, Huang says he lent Nevonga and Itope N$1.6 million, and with the interest of N$416 000, the total is N$2.016 million.



With regard to the second claim, Huang says he over-contributed an amount of N$1 254 427.62 to the company, which was due and payable by 31 August 2017. According to his papers, the company was in a state of chaos, and there were several problems with paying suppliers.



“We also experienced issues obtaining income to purchase stock; store income could not cover all the operating expenses.” Namibia Beverages had allegedly also dealt with the supermarket as a “cash client, after [they] failed to meet [their] agreement”.



Due to cash flow challenges, they were “making the majority of purchases from unregistered vendors, resulting in higher VAT rates”.



They also, surprisingly, reported challenges with staff, as there were no salary increases and no pension fund or medical aid. Furthermore, “they [the staff] are working on Sundays and public holidays without pay”.



In this document, Huang says he was also asked to forward N$300 000 to pay the most urgent outstanding suppliers, which he said he duly did.



It also detailed a “breakdown of percentages”, which “showed Huang had over-contributed N$1 254 427.62”.



Mention was also made of a frozen Nedbank account and that “for now, salaries were paid by Mr Huang”. And “as soon as the bank is unfrozen, Mr Huang will be refunded the amount paid”.



The second claim lodged by Huang amounted to N$1 376 734.31, along with interest since August 2017.



In his third claim, he asks for his N$300 000, with interest of N$26 000. His full and final demand from Nevonga and Itope totals N$3 718 734.31. Huang also asked for interest of 20% per annum from the date of judgement until full payment is made, and for the costs of the lawsuit to be paid by the defendants.



Huang is represented by Appolos Shimakeleni in both matters and Kadhila Amoomo appears for Nevonga and Itope in both matters.

YANNA SMITH