By Timo Shihepo
Transport businessman Silas Ndapuka (78) is locked in a legal battle with Standard Bank over the repossession of four buses from his fleet, valued at N$5,1 million.
Ndapuka’s buses are widely used as a mode of transport to northern Namibia.
He is currently paying Standard Bank N$60 000 a month to keep his buses.
Bank documents seen by The Namibian show that an individual named Johannes Josua (43) arranged for the financing of Ndapuka’s buses.
Josua says he had an agreement to buy buses from his uncle – Ndapuka.
Standard Bank in 2020 agreed to extend Josua a loan.
However, when he stopped honouring his loan repayments, Standard Bank pounced on Ndapuka’s buses.
Ndapuka has 68 registered personal and business vehicles, official documents say.
Standard Bank has seized four of these worth N$5,1 million.
‘PRETENDER’
Ndapuka has roped in the services of a debt-collection company called Quartile Tracing and Collections, which has worked out the N$60 000-per-month deal.
“Josua, under false pretences, arranged for the financing and purchasing of vehicles from our client through Standard Bank,” Quartile Tracing and Collections claims in a letter. “However, these vehicles were never legitimately sold to Josua, who subsequently defaulted on the bank payments. This led to Standard Bank obtaining a court order to reclaim vehicles from our client, who was unaware that his vehicles had been falsely sold,” the company wrote.
Ndapuka opened a police case this month.
The alleged fraud started in 2020.
It is feared that Josua is still approaching other financial institutions.
BANK SCAM
Quartile Tracing and Collections has since been writing letters to several financial institutions to stop what it calls the “madness”.
It exlpains the alleged scam as follows: “Josua approached Ndapuka saying he wanted to buy some of the buses he didn’t want any more. Ndapuka said yes, but never even spoke about prices.
“All of a sudden, some millions were deposited into Ndapuka’s account. Josua then immediately notified Ndapuka that he didn’t want the buses any more.
“Ndapuka paid the money to Josua. By the time Ndapuka realised it was a bank scam, he held back the N$400 000. But we all know that a thief won’t worry about N$400 000 after pocketing millions.”
Josua this week told The Namibian his uncle was not being truthful.
“The money was paid into his account. He even signed. He only changed his mind later, saying the money was not enough,” he said.
Bank documents, however, indicate that only Josua signed.
When Standard Bank sued to repossess the buses, the only names cited on documents were those of Josua and his company, J Kamaku Trading Enterprises.
“Standard Bank’s ownership of the goods constitutes the only security the bank holds for its claim . . .
“Joshua and J Kamaku Trading Enterprises are now in unlawful possession of the goods,” Standard Bank’s legal representative, Fisher, Quarmby and Pfeifer, said on 13 February.
Standard Bank Namibia spokesperson Magreth Mengo has not reposnded to questions at the time of going to print.
LEOPARD’S SPOTS
Documents from a separate court case shows that Josua was taken to court before in a similar case.
He allegedly agreed to sell a Scania bus worth N$1,1 million to a Zimbabwean citizen, Phibion Tapfuma, in 2023.
The vehicle was parked at Scania’s premises in Windhoek. Court documents indicate that Tapfuma had to pay a deposit of N$200 000 to repair defects on the vehicle.
He was then required to pay N$900 000 before 5 June 2023 and acquire ownership.
Between May and July 2023 Tapfuma paid N$932 400.
He travelled to Zimbabwe, but told Josua he intended to pay the outstanding N$83 800 upon arrival in Namibia, following inspection of the vehicle.
Tapfuma arrived in Namibia on 1 July 2023.
The following day, he was allegedly informed that no repairs were done and that Josua removed the vehicle from Scania’s premises.
Tapfuma then travelled to the north and found the vehicle parked at a garage where it was being painted.
He allegedly confronted Josua.
“Josua indicated that he intended to claim money from the insurance company under the guise of the vehicle having been involved in an accident,” Tapfuma’s legal representative, Mwakondange and Associates Inc, said.
Josua then cancelled the contract and said he was not willing to accept the outstanding balance.
“The refusal to accept payment was a strategy employed by Josua to avoid the delivery of the vehicle,” the lawyers said.
Josua through his lawyers Kadhila Amoomo Legal Practitioners tendered a settlement proposal which Tapfuma did not accept.
The proposal was for Josua to pay N$1 million in four months.
“Josua negligently conducted the affairs of Tapfuma in a bid to defraud him,” the lawyers said.
The matter was finalised on 12 March 2024 when the High Court ordered Josua to cough up N$616 000 plus 20% interest per year.
The court also ordered Josua to pay the cost of the law suit.
