Van Niekerk's parents said their son had been aware of the risks but refused to abandon high-profile cases.
There is no clear indication of what led to the killing of Johannesburg insolvency attorney Bouwer van Niekerk because he worked on many matters, says Justice and Constitutional Development Minister Mmamoloko Kubayi.
Van Niekerk was shot dead on Friday at his law offices in Avonwold, Johannesburg, in what police described as a targeted hit.
The 43-year-old lawyer was gunned down in a boardroom at SmitSew law offices in Saxonwold after two men gained access under the pretence of discussing a new case.
The men shot Van Niekerk as soon as they identified him before fleeing the scene. No items were taken during the attack.
Kubayi on Sunday learned of the murder and extended her heartfelt condolences to Van Niekerk’s family, friends and colleagues during this difficult time.
“Mr Van Niekerk worked on many matters and there is no indication yet of what could have led to this crime,” Kubayi said.
Death threats preceded Van Niekerk’s killing
According to reports, Van Niekerk had received death threats just days before his murder.
Sources with direct knowledge of the events told News24 that he received a phone call from a woman speaking Afrikaans on Sunday, 31 August.
It was said that the caller told Van Niekerk to resign immediately as the attorney for the business rescue of NTC Global Trading Fund, or he “won’t see the end of the week”.
Furthermore, a similar threat was made to business rescue practitioner Kurt Knoop, with the phone calls taking place minutes apart.
Knoop reportedly resigned earlier this week following the threats.
Van Niekerk appeared undeterred by the intimidation. According to a person close to him, he responded to the threats by saying they were “merely whetting my litigation appetite”, a phrase he often used.
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The NTC Global case
Van Niekerk represented business rescue practitioners in a complex case involving NTC Global Trading Fund, which the state alleged was a Ponzi scheme that secured investments of more than R476 million.
According to court documents, the companies worked together as part of a group, sourcing and providing services to each other.
“The companies have their own bank accounts. Commercial arrangements between the companies are on commercial terms and are documented,” the documents said.
“No evidence has been provided that NTC used money raised from earlier debentures to pay later debenture holders.”
The documents revealed that R476,139,461.32 had been raised through debentures, with NTC paying out nearly R213 million to debenture holders.
The state had preserved R160 million, while R104 million had been applied in acquisitions and investments through other companies in the group.
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Court victory and escalating tensions
Earlier this year, in March, the Gauteng High Court in Pretoria ruled that the state had failed to prove allegations that NTC was a Ponzi scheme.
“The NDPP has not furnished any evidence to prove that any of the respondents used funds from later debenture holders to repay earlier debenture holders,” the judgment said.
This followed an application by NTC director Edwin Letopa.
Van Niekerk successfully represented the companies, setting aside the preservation order and fighting an NPA forfeiture application, effectively unfreezing roughly R90 million in cash.
However, problems began emerging after this court victory.
According to reports, disagreements arose between Van Niekerk and the business rescue practitioners on one side and the directors of various NTC companies on the other.
These disputes led to further litigation aimed at compelling disclosure of information to the business rescue practitioners.
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Impact on the legal profession
The murder has sent shockwaves through South Africa’s legal and insolvency community.
A prominent litigation lawyer told News24 the killing was “designed to send a hard message” to lawyers and insolvency practitioners not to threaten vested interests.
Jo-Anne Mitchell-Marais, chairperson of the South African Restructuring and Insolvency Practitioners Association (Saripa), warned that Van Niekerk’s murder would have dire consequences for the profession.
“These murders have, without a doubt, led to fear among lawyers and insolvency practitioners. I’ve already had calls from colleagues asking whether it is worth remaining in the profession,” Mitchell-Marais said.
A son who refused to back down
According to reports, Van Niekerk’s parents, Anton and Amy van Niekerk, said their son had been aware of the risks but refused to abandon his high-profile cases.
In a statement, they said, over the past six-and-a-half years they had repeatedly questioned whether the risks were worth pursuing the case.
“His answer was always an emphatic yes,” they said.
“He argued and believed that if all attorneys who were scared and intimidated were to back down, how will the corruption in society ever be brought under control? He believed in the justice system and was determined to play his role to make South Africa a better place and less crime-ridden country.
“Yes, we are shocked and heartbroken, but we are also very proud of our incorruptible son who tried to make this country a better place for all.”
Second incident on same day
Reports have speculated that the hit was meant to send a message to the legal profession.
Van Niekerk’s killing occurred on the same day as another fatal shooting in the legal profession.
According to Kubayi, a male accused was gunned down outside the Athlone Magistrate’s Court.
“The man, who was scheduled to appear on charges of assault, was gunned down before his court appearance,” Kubayi said.
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Call for justice
Kubayi strongly condemned both incidents, describing them as senseless acts of violence, particularly attacks directed at members of the legal profession who play a vital role in upholding justice and the rule of law.
She said a full investigation is underway and reiterated that authorities must speedily deal with the perpetrators and bring them to book to restore faith in the country’s laws and law enforcement officers.
“We call on anyone with information on the two incidents to come forward and assist the South African Police Service,” Kubayi said.
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