By Catherine Sasman
WINDHOEK
Registrar of the High Court Edwin Kornelius Kastoor yesterday said it was unfortunate that Hendrik Christian and legal firm LorentzAngula Inc. that acts on behalf of the Namibia Financial Institutions Supervisory Authority (Namfisa), have become embroiled in what he called a “letter war” over a writ of execution served on the financial authority and its former CEO, Frans van Rensburg.
The deputy sheriff of Windhoek district on Monday was directed by the High Court to “attach and take into execution” movable goods of Namfisa and Van Rensburg to be sold on public auction to the sum of N$2,911,402.15, together with interest on the amount at the rate of 20 percent per annum retrospective to September 2002, in relief of Christian.
LorentzAngula Inc. then in a letter to Christian said the “order” obtained from the court was “simply a nullity”, arguing that the said order “nowhere confirms or states that judgment had indeed been granted against either the first [Namfisa] or second [Van Rensburg] defendants”.
“Consequently any reliance you may wish to place on the ‘order’ is futile and no writ of execution should have been granted thereon,” the letter from LorentzAngula Inc. stated to Christian.
The letter further said that Christian disconcertedly proceeded to apply for a default judgment without notifying Namfisa and Van Rensburg, and without disclosing to the High Court during his submissions thereto that Namfisa had in fact entered an appearance to defend the matter and that no proper and valid service had been effected on Van Rensburg.
LorentzAngula Inc. thus asked for an urgent written undertaking from Christian not to proceed or take any further steps in the execution of the order.
In response, Christian filed an answering letter directed to the legal firm with the High Court, stating that the firm’s letter is “clearly contemptuous of the Honourable Judge [Silungwe] and the Honourable Court”.
“It is in my modest opinion extremely presumptuous and puts a question mark on the jurisdiction and the power of the Namibian High Court to make an enforceable Court Order,” wrote Christian in his letter.
“This order was made by the Court on facts placed before it and until the contrary is proven and the order rescinded by the Court not yourself it remains valid and enforceable,” his letter continued.
When approached, Kastoor of the High Court said the order was granted by the High Court after the presiding judge perused the merits of the case and considered it a default judgment.
“There are ways in which to deal with this matter,” said Kastoor.
“Namfisa can apply to the High Court for a rescission of the order if it considers that the order was granted erroneously and if it wants to stay the order,” he said, adding, “They must bring it to the court and sort it out there.”
“I sit with a valid High Court order and no-one can retract that unless the matter goes back to court; the order will be executed until it is changed,” said Christian.
He also said that he was open to negotiation with Namfisa and Van Rensburg.
Communications Manager of Namfisa, Ebben Kalondo, was not prepared to shed any light on what steps the authority were to take, except to say that the matter was sub judice.
New Era understands that Namfisa has lodged an urgent application with the High Court.