PG grabs Esau’s pension
Nearly N$2 million worth of pension payouts to the Fishrot-tainted minister are in the country’s prosecutor-general’s sights.
JEMIMA BEUKES
WINDHOEK
Embattled former fisheries minister Bernhardt Esau and his wife Swamma are resisting Prosecutor-General (PG) Martha Imalwa’s plans to lay claim to his assets, including a N$102 869 monthly pension payout as member of parliament.
According to Esau, one-third of his pension payout, amounting to N$1.9 million, was paid into his Standard Bank account and he had instructed his lawyers to use this for legal fees for himself, his son-in-law and Fishrot co-accused Tamson Hatuikulipi and both their spouses.
However, Imalwa has, since securing a constraint order in the High Court last week, taken possession of the remainder of this payout amounting to N$621 424, which is currently held in Esau’s lawyers’ trust account.
The former minister is represented by Metcalfe and Beukes Attorneys.
“I respectfully submit that I am entitled to have direct access to my pension benefits and monies and utilise it in any manner I so deem fit as it cannot form part of a restraint and confiscation order. I humbly submit that my property is not subject to a restraint order and that provisional restraint order should not be made final against my property,” he appealed in court documents.
Entitled
Swamma – who was recently banned from travelling to USA over the same matter - joined him in this appeal, and while pointing out that they are married in community of property, she insisted that her interest in their joint estate does not amount to realisable property.
She also put it to court that the PG had no right to lay claim to her half of Esau’s pension should it be found that her husband’s property is indeed subject to a restraint order.
“I state that 50% of such monies - by virtue of my marriage to Esau in community of property - is not subject to restraint because it is not an affected gift by him to me. I am entitled to such monies by operation of the law,” she said.
[email protected]
WINDHOEK
Embattled former fisheries minister Bernhardt Esau and his wife Swamma are resisting Prosecutor-General (PG) Martha Imalwa’s plans to lay claim to his assets, including a N$102 869 monthly pension payout as member of parliament.
According to Esau, one-third of his pension payout, amounting to N$1.9 million, was paid into his Standard Bank account and he had instructed his lawyers to use this for legal fees for himself, his son-in-law and Fishrot co-accused Tamson Hatuikulipi and both their spouses.
However, Imalwa has, since securing a constraint order in the High Court last week, taken possession of the remainder of this payout amounting to N$621 424, which is currently held in Esau’s lawyers’ trust account.
The former minister is represented by Metcalfe and Beukes Attorneys.
“I respectfully submit that I am entitled to have direct access to my pension benefits and monies and utilise it in any manner I so deem fit as it cannot form part of a restraint and confiscation order. I humbly submit that my property is not subject to a restraint order and that provisional restraint order should not be made final against my property,” he appealed in court documents.
Entitled
Swamma – who was recently banned from travelling to USA over the same matter - joined him in this appeal, and while pointing out that they are married in community of property, she insisted that her interest in their joint estate does not amount to realisable property.
She also put it to court that the PG had no right to lay claim to her half of Esau’s pension should it be found that her husband’s property is indeed subject to a restraint order.
“I state that 50% of such monies - by virtue of my marriage to Esau in community of property - is not subject to restraint because it is not an affected gift by him to me. I am entitled to such monies by operation of the law,” she said.
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