NO RED NOTICE AGAINST DAVE – NATCOM

MBABANE – It is official; there is no Red Notice against South Africa businessman Dave van Niekerk.

The clarity has been offered by the National Commissioner (NATCOM) of Police Vusi Manoma Masango. He was reacting to questions posed by this publication following reports published in the Botswana media regarding the current position of the businessman’s coming in and out of the Kingdom of Eswatini. Masango said there is no Red Notice against the businessman, but that his identity appears on the Royal Eswatini Police Service (REPS) system.

Still investigating

The reason, he said, is because REPS are still investigating the issue of the E340 million, which was lost by emaSwati after investing it in Ecsponent Limited. “He appears in our system, but that is not to say that it is a Red Notice. We have him on the system because our investigations are still ongoing,” Masango said. The commissioner also clarified that he has never spoken to the businessman and that they have never met face-to-face. One of the Botswana publications, the Business Weekly, had earlier published an article that gave the impression that van Niekerk was set to be arrested in the Kingdom of Eswatini. The publication had insinuated that a warrant of arrest had been issued against van Niekerk.

The businessman then responded through a press release whereby he explained that he has received correspondence from the Eswatini authorities confirming that there is no active Red Notice against him. The authorities reportedly included the NATCOM and the Office of the Prime Minister. The PM’s Office, through Government Spokesperson Alpheous Nxumalo, said it was not aware of any decision regarding the businessman. This publication had asked to know if government did consider a decision to remove a Red Notice against the businessman and what motivated it.

By definition, a Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender or similar legal action. It is based on an arrest warrant or court order issued by the judicial authorities in the requesting country. According to the International Criminal Police Organisation (INTERPOL), an inter-governmental organisation that helps police in different countries to work together to make the world a safer place, member countries apply their own laws in deciding whether to arrest a person.
It contains two main types of information, one being that of identifying the wanted person, such as their name, date of birth, nationality, hair and eye colour, photographs and fingerprints if available.

The other information is related to the crime they are wanted for, which can typically be murder, rape, child abuse or armed robbery. Red Notices are published by INTERPOL at the request of a member country, and must comply with INTERPOL’s Constitution and Rules. The INTERPOL website states that Red Notices are important because they are used to simultaneously alert police in all member countries about internationally wanted fugitives. They help bring fugitives to justice, sometimes many years after the original crime was committed.

It should be noted that INTERPOL cannot compel the law enforcement authorities in any country to arrest someone who is the subject of a Red Notice. Each member country decides what legal value it gives to a Red Notice and the authority of their law enforcement officers to make arrests.

Serve a sentence

In terms of who are the subjects of Red Notices, the INTERPOL website states that they are issued for fugitives wanted either for prosecution or to serve a sentence in relation to serious ordinary law crimes such as murder, rape and fraud.  This follows criminal proceedings in the country issuing the request. This is not always the home country of the individual.
When a person is sought for prosecution, it means the person has not been convicted and should be considered innocent until proven guilty. A person sought to serve a sentence means that this person has been found guilty by a court in the country which requested the publication of the Red Notice.

In August last year, Ecsponent investors crammed the High Court whereby they learnt with shock that van Niekerk, together with one Edwin J Soonious had left the country. The shock emanated from the fact that the High Court had earlier issued an interim order preventing the duo from leaving the country, after an ex parte application was filed by ESW Investment Group Limited (former Ecsponent Eswatini). At the time, our sister publication, the Times of Eswatini, reported that van Niekerk had allegedly left through the King Mswati III International Airport on Monday evening, while Soonious departed via Ngwenya Border Post. An ex parte application is used by one party to ask the court for an order without providing the other party the usual amount of notice or opportunity to write an opposition. The court had directed the REPS and the Ministry of Home Affairs (Immigration Department) to assist in the execution of the order interdicting the two from leaving the Kingdom of Eswatini.

Directed to flag

Officials from the Immigration Department had been directed to flag and advise police officers upon seeing van Niekerk and Soonious leaving the Kingdom of Eswatini through any of the entry or exit points. Also worth noting is that early this year, the businessman surprisingly jetted in and out of the country after having had a meeting with His Majesty King Mswati III. The meeting between the businessman and the King took place at the Ludzidzini Royal Residence and reportedly lasted for more than an hour. Sources claimed that he entered the country via the King Mswati III International Airport at Sikhuphe and was escorted by high profile people to the royal residence.

It could not be ascertained what the agenda of the meeting was, but sources claimed that a lot of issues were discussed. Pictures of the businessman with His Majesty which circulated on social media platforms, had people talking, with some wondering what the meeting was about and how he got the opportunity to be at the palace. The businessman confirmed the meeting to this publication, but did not elaborate on what it was about. All that he said was that he was humbled over by the hospitality that was afforded to him. Also, he said he was impressed with His majesty’s astuteness and quick wit.

“I don’t really want to share the details because it’s not my place to do so, but we discussed a few legal matters and we looked at some future opportunities, but I really enjoyed my meeting with His Majesty and the hospitality extended by his palace team,” van Niekerk said. He also stated that he wanted the many emaSwati who invested in Ecsponent to get their money back and that he was of the view that the company should be put under curatorship. Meanwhile, in a forensic investigation into the monies lost to Ecsponent, which was tabled in Parliament, there is not much said about the businessman. The report mentions the businessman just as one of several persons of interests in that he had a relationship with Mybucks South Africa (SA) at some point.  In the forensic report, Mybucks SA is listed among entities that are domiciled in SA.

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