THE former Investec Managing Director James Hatuikulipi who is implicated in the massive fishing quota corruption scandal has approached the high court on an urgent basis against the Financial Intelligence Centre for seizing their banking cards and freezing those of companies he own.
Hatuikulipi and his cousin Tamson ‘Fitty’ Hatuikulipi are listed as applicants alongside the companies they own.
In his affidavit he claims that the situation has serious consequences not only for him but for employees employed the companies listed as their salaries have not been paid. Service providers and suppliers have also not been paid their dues, according to James.
James additionally claims that is has become difficult to consult with lawyers in jail as they are required to be surrounded by no less than six police officers, at the insistence of the Anti-Corruption Commission. At times, the lawyers are turned away, making it difficult for him and his co-accused to fully exercise their rights, he claims.
“There is no authority for a broad ranging power to stop a bank account, except where it can be shown that each and every transaction though a bank account is affected by or tainted by an illegality . I have shown above that my accounts are not tainted by any illegality. They in fact are accounts in which my salary is paid. No reasonable basis can be stated that my salary is of questionable origin,” James argues.
In addition to the unpaid company employees, James is arguing that his domestic workers have also not received their salaries. Mortgage bonds, rates and taxes too have not been paid and he fears that water connections might be cut off at the properties that he is leasing to tenants. His insurance for both movable and immovable property is also at risk.
“The same problem befalls my life insurance and other service providers in Namibia and South Africa. In fact, I have already received notices of imminent cancellations of my policies due to non-payment. If obligations are not met by myself as well as entities in which I am a shareholder or hold members interest, I will be blacklisted on ITC and this will affect my creditworthiness,” James states in his founding affidavit.