A Port Elizabeth lawyer who acted for IPTS fraud accused Andrea Wessels has told how she feared for her safety after she was allegedly intimidated and threatened by the businesswoman, who stormed into her home while she was ill in bed and demanded that she send a false e-mail.
In a shocking affidavit attached to court papers, Carolyn Ah Shene-Verdoorn tells how Wessels’ “threatening tone and body language” left her feeling physically afraid.
She alleges that Wessels, who had initially claimed that she wanted to “make things right with God” – by allowing the state to seize a home allegedly bought with the proceeds of crime – backtracked and instead tried to force her to lie on her behalf.
Ah Shene-Verdoorn said she was sick in bed on February 6 when Wessels and her son, Dankovista (Pty) Ltd director Rukaard Abrahams, barged into her bedroom and made demands.
The allegation forms part of papers before the Port Elizabeth High Court in which Wessels is challenging the forfeiture and possible auction of her R3.7m Summerstrand home.
Wessels, together with her company, Zeranza 299 (Pty) Ltd, is on trial in the Port Elizabeth Commercial Crimes Court for fraud and money laundering related to the alleged siphoning off of millions of rand meant for the city’s Integrated Public Transport System.
The National Director of Public Prosecutions (NDPP) claims the house in Winchester Way – bought through Zeranza – was acquired with some of the ill-gotten funds.
The high court had granted Wessels temporary relief by way of an urgent application on March 6, provisionally interdicting the auction that had been scheduled to take place later that day.
But she must still convince a judge to make the interdict final. In addition, Wessels has asked the court to rescind the forfeiture order.
Argument will be heard on June 6.
Wessels is claiming that Ah Shene-Verdoorn misunderstood her instructions at the time of the forfeiture order being granted in November 2018 and failed to oppose the court action.
She has since terminated her mandate.
As part of Wessels’ urgent application to stop the sale of the house, she attached an e-mail from Ah Shene-Verdoorn to the Asset Forfeiture Unit’s advocate Warren Myburgh on February 7, in which the attorney writes: “It has now come to my attention that I misunderstood my client’s instruction.
“My client’s instruction was for my office to not oppose the preservation application and not to consent to a forfeiture order.”
Wessels backed up the e-mail with claims that, all along, she had only instructed Ah Shene-Verdoorn to consent to a preservation order – allowing the state to preserve the property pending the outcome of the criminal matter – and had never told her to consent to the forfeiture.
Wessels said she would be severely prejudiced by the forfeiture because it was likely that she would be of the charges.
But in the affidavit, which forms part of the NDPP’s replying papers, Ah Shene-Verdoorn said that the day before the email was sent to Myburgh, Wessels and Abrahams had stormed into her bedroom as she lay in bed, with Wessels standing over her in a threatening manner.
“At this point, I felt physically afraid as she was overbearing and threatening in her tone, demeanour and body language.
“After her visit, both Wessels and her son bombarded me with telephone calls, demanding that I admit to misunderstanding her instructions to me in relation to the [forfeiture] order. I did not.”
Ah Shene-Verdoorn alleged that, the following day, Wessels and another family member were waiting for her at her office, where Wessels demanded that she send an e-mail confirming that she had misunderstood her instructions.
The family member then stayed behind and stood over Ah Shene-Verdoorn as she typed on her computer.
“I was fearful for my safety and in order for [the person] to leave I decided to send the e-mail.”
She said Wessels had specifically told her in consenting to the forfeiture at the time that “I am letting everything go. I want to make right with God”.
While Wessels admitted to contacting Ah Shene-Verdoorn on February 6, she said it was merely to express her shock and to inquire about the situation.
“I visited her at her home with my son because she was on sick leave that day.
“During our discussion, it transpired that she had misunderstood my instructions and apologised.”
Dr Christopher Ndzengu, on behalf of the NDPP, said there was a noticeable trend of chronic termination of legal practitioners whenever things did not go Wessels’ way.
Wessels’ criminal matter resumes in August.