Pretoria and Malabo are embroiled in a diplomatic row over the confiscation in South Africa of assets – including a USD16.5 million super yacht and luxury homes – belonging to Equatoguinean Vice-President Teodoro Nguema Obiang.

On February 7, the Sheriff of Cape Town seized the 67-metre luxury yacht “Blue Shadow” in Cape Town Harbour to be sold at a public auction to honour a Western Cape High Court order that Obiang pay ZAR39.8 million rands (USD2.2 million) to South African businessman Daniel Janse van Rensburg, reports the George Herald newspaper. Along with all contents, two luxury houses belonging to Obiang in the upmarket suburbs of Clifton and Bishopscourt were also seized. According to the report, Equatorial Guinea, in turn, has threatened to confiscate South African assets if the yacht is not returned.

The case represents a seven-year-long legal battle by Janse van Rensburg to get compensation out of Obiang, who was responsible for the South African’s wrongful arrest, detention without trial and torture in Playa Negra, a prison located on the island of Bioko off Malabo.

According to the court docket read by ch-aviation, Janse van Rensburg conducted business in Equatorial Guinea between 2001 and 2013, arranging aircraft leases for Gabriel Mba Bela, known as Angabe, the brother-in-law of President Teodoro Obiang Nguema Mbasogo.

In 2012, Janse van Rensburg was asked to help set up a private airline - Coriscair - for Angabe, who would be the main shareholder and financier. Van Rensburg earned a retainer of USD200,000 from Angabe for setting up the airline. He also received a commission of USD120,000 in 2010.

In July 2013, the Equatorial Guinea civil aviation authority issued a temporary air operator’s licence to Coriscair. On October 2, 2013, the regulator also authorised the wet lease of aircraft from South Africa’s CemAir (5Z, Johannesburg O.R. Tambo).

Court documents reveal that Janse van Rensburg had arranged several short-term wet leases of aircraft in 2012, including for a Learjet 35, for which he had earned USD9,000 per month for a three-month lease. ACMI leases were concluded on February 2, 2012, for a B767-200 for Coriscair for the period November 2012 to November 2014 for a commission of USD300,000. Another ACMI time sheet was concluded on February 29, 2012, for the lease of a CRJ100 to Coriscair for the period October 2012 to October 2014 for a commission of USD144,000. Another transaction was the lease of a CRJ100 for Coriscair for the period December 2012 to December 2014 for USD144,000 in commission. The December 2012 to December 2014 lease was never consummated.

In October 2014, Janse van Rensburg prepared to return to South Africa to take delivery of the aircraft and handed over all the necessary documents and approvals from the South African Civil Aviation Authority to Angabe. However, on October 24, 2014, Angabe suddenly pulled out of the business claiming a shortage of funds and demanding to be reimbursed. However, fees paid had been spent in preparation for setting up Corsicair. An angry confrontation ensued. Angabe phoned Obiang, resulting in the arrest of Janse van Rensburg on trumped-up charges. Obiang, at the time, was in charge of defence and security and the political head in charge of the armed forces, police and prisons in Equatorial Guinea, including the Playa Negra prison where the South African was detained and tortured. In total, Janse van Rensburg was detained for 549 days, of which 423 he was imprisoned in Playa Negra.

In 2016, Janse van Rensburg instituted legal proceedings at the Cape High Court claiming ZAR65 million (USD3.5 million) in damages from Obiang for having orchestrated his detention and subsequent torture at the infamous prison. A legal to and fro ensued, with Obiang opposing his application. On June 18, 2021, the court ordered that Obiang pay ZAR39.8 million in damages. Obiang continued to appeal, which was finally set aside on February 10.