The dispute in which the Namibian government is likely to face an R89,1-billion claim against its Ministry of Mines and Energy has became still more intriguing over the past fortnight.
The Governor of the Bank of Namibia, Tom Alweendo, says he is not a shareholder or director of the three-month-old Trade Line Namibia (Pty) Ltd, the company that now holds Exclusive Prospecting Licenses (EPLs) for the Skeleton Coast Park worth about R89,1-billion.
Meanwhile, Abed Titus, a partner of Tiko (Pty) Ltd, another diamond venture in Namibia in which a United States company, International Minerals Inc (IMI), has a stake, has accused IMI, its president John Kamya and his associate Freddy Sekande of fraud.
Nambib Resources (Pty) Ltd, the company that originally registered the Skeleton Coast claims, is applying for an urgent injunction against the Minister of Mines Jesaya Nyamu, and Trade Line, in which IMI owns a 70% stake. The application will be heard on Tuesday in the Windhoek High Court.
Alweendo told The Namibian newspaper he learned of his 10% shareholding in Trade Line in the press. He said that, on learning of his shareholding, he had written to IMI’s principals, saying he was ”not interested in becoming a shareholder”.
But in a letter dated July 9 attached to Trade Line’s share register held by auditors KPMG, Alweendo said: ”I have decided not to be a director in Trade Line Namibia. This decision has been made solely because of my current official responsibilities.” The letter, however, says nothing about relinquishing his shares.
Meanwhile, Titus, a veteran of the ruling party, the South West Africa People’s Organisation, who was instrumental in having the Skeleton Coast Park re-opened for diamond exploration, said he had sold IMI 52% of his interests in Tiko, which holds a valuable beach claim in the park.
For a few months, Titus shared an office with Sekande and Kamya, both Ugandans, which they rented in Tiko’s name. Sekande is a former consultant to the Namibian government. Titus said he was kept in the dark by his two partners, who never paid him for their shares in his company.
Last month Titus was shocked to find that his original claim, EPL 2926, had grown from 9423ha to 22280ha. He said he found out about it only when he paid his claim rental to the government. He was given a copy of the ”new” claim, issued by Acting Mining Commissioner Romanus Samuyenga ostensibly on the same date as the original (which Samuyenga had also issued).
The ”new” claim — also numbered EPL 2926 — had doubled in width at points where it adjoined EPL 2566, owned by Nambib Resources. Nambib MD Bruno de Vicentis indicated that the extended EPL included areas where Nambib had found the best prospects — information supposed to be securely held by Samuyenga’s office.
This ”expansion” of EPL 2926 led to angry confrontations between Titus and Kamya and Sekande. Titus insisted that the size of EPL 2926 be stipulated as 9423ha in the Tiko sale agreement. But this meant his partners no longer wanted to sign the agreement.
Titus said he later found that Sekande and Kamya had transferred shares from his company to one they controlled, without his written consent. Sekande later stopped a cheque for R495000 to Titus — an advance on the R1,5-million the two Ugandans or IMI owed him for 52% of Tiko.
When accusations of bribery and forgery were made, Sekande threatened him, said Titus. He then initiated legal action to recover the 52% share in Tiko.
Titus said the Acting Mining Commissioner’s deputy, Dr Antonio Macuvele, had later offered to tear up the ”new” EPL and reissue the original-sized claim.
Approached for comment, Macuvele said that, when the ”mistake” on the EPL had been brought to his attention he had corrected it and given a letter of apology to Titus — which Titus confirms. Macuvele would not, however, be drawn on how the mistake had been made in the first place.
The Mail & Guardian has a copy of a letter, addressed ”To Who IT May Concern” from Acting Mining Commissioner Samuyenga, dated February 21 2002, praising IMI and affiliate MacArthur & Baker International Inc as great investors in the Namibian mining industry. Samuyenga wrote, somewhat presciently, that IMI had been granted several marine and land diamond mining concessions: in fact the Nambib concessions IMI now holds were granted only on July 17 this year.
The only International Minerals Inc that could be traced in the US, a scrap dealer in Pennsylvania, said he was ”flabbergasted” how another company came to be using its name. ”We are registered with this name and any searches we have done have not shown any other companies with that name,” its owner, John Karson, said.
IMI’s lawyers said their client’s company is duly incorporated in Delaware, which allows on-line company registrations. But no trace of this company could be found and, according to IMI’s share register at KPMG, all IMI shares have been transferred to ”The Sierra Research Corporation Inc”, which could also not be traced.
The M&G has received two letters from attorneys acting for IMI and Kamya. They denied the allegations in a similar article published by the M&G on August 8 (”Namibia govt sued for R89b”). They said all the allegations were false and defamatory and requested a retraction.
Alweendo’s office said he was out of town for the rest of the week. At the time of going to press, the M&G had received no response to its request that his office message him to comment on these developments.
Samuyenga’s office said he had taken sick leave for the week. The M&G understands he has, in fact, headed for Rundu in northern Namibia.
Sekande said Kamya was out of Namibia and that, as the legal case is due to start on Tuesday, it would be inappropriate for him to comment.