Copyright namibian
A bitter end to a business partnership is set to land a Windhoek resident in the dock in the High Court on three charges of fraud and three counts of money laundering, involving a total amount of N$3 million. Johan van Wyk (45) is due to make a first appearance in the Windhoek High Court on 19 November, after the case in which he is charged was transferred from the Windhoek Magistrate’s Court last week. The prosecutor general has decided to prosecute Van Wyk on three counts of fraud, alternatively theft, and three charges of money laundering, magistrate Monica Andjaba was informed during his court appearance. The state is alleging that Van Wyk committed fraud and money laundering in September 2020 by transferring a total amount of N$3 million from bank accounts of two close corporation in which he was a partner. In the indictment setting out the charges against Van Wyk, it is alleged that he held 49% of the members’ interest in the close corporation Windhoek Renovations, and 50% of the members’ interest in the close corporation LH Equipment Sales. A former business partner of Van Wyk, Robert Wirtz, had 51% of the members’ interest in Windhoek Renovations and 50% of the members’ interest in LH Equipment Sales. The state is alleging that Van Wyk was responsible for the day-to-day running of the two close corporations. It is alleged that Van Wyk transferred N$1 million from an account of LH Equipment Sales to another account of the close corporation on 22 September 2020, and then transferred the same amount to a mortgage bond account linked to himself and his wife. The state is also alleging that on 25 September 2020 and again on 30 September 2020, Van Wyk transferred amounts of N$1 million from a bank account of Windhoek Renovations to another account of the close corporation, and then transferred the same amounts to an account of the close corporation Hardrock Earthworks, of which he is the sole member. Defence lawyer Wihan Brand informed the magistrate that Van Wyk and Wirtz, who had been involved in litigation against each other in the High Court, reached a settlement agreement in September this year. In terms of the settlement agreement, Wirtz or Windhoek Renovations had to pay N$8.5 million to Van Wyk by 15 September. In a court order issued on 24 September, it was recorded that the payment of N$8.5 million to Van Wyk was “in full and final settlement of all the disputes between the parties, including all current and past litigation”. It is also recorded in the order that Wirtz would withdraw criminal proceedings against Van Wyk. In a witness statement filed at the High Court in a case in which Van Wyk sued Wirtz, Van Wyk stated that he paid N$35 million to Wirtz after buying 49% of the members’ interest in Windhoek Renovations from him in 2014. Van Wyk also said after the relationship between him and Wirtz had broken down in 2019 and 2020 and business cooperation between them had reached an impasse, he transferred three amounts of N$1 million from accounts of Windhoek Renovations and LH Equipment Sales. Van Wyk added: “I did not use this money and kept it safe. I knew it would provoke Mr Wirtz and drive matters to a head.” In a media statement issued by Brand yesterday, he said the decision to prosecute Van Wyk “is unexpected and not aligned with the settlement terms, which placed the matter firmly within the realm of civil dispute resolution, not criminal prosecution”. The allegations against Van Wyk are “false, misleading, and disregard the factual and legal position of the matter”, Brand said. The case between Van Wyk and Wirtz that was settled in September “concerned a commercial and contractual disagreement between private parties”, Brand said. “There has been no finding of theft or fraud against Mr Van Wyk,” he added. Van Wyk is free on a warning from the court after his appearance in the Windhoek Magistrate’s Court.
