The other Gert van der Merwe
A case of mistaken identity is starting to get to Pretoria attorney Gert van der Merwe
HEAR the name Gert van der Merwe and one person is likely to come to mind: the Guptas’ lawyer. The guy who’s quoted in the media every now and then defending the country’s most controversial family. The guy who initially dismissed the tranche of leaked emails detailing the family’s capture of the state as fake news. And the guy linked to a R16 million tender and money-laundering scandal involving former Limpopo health MEC Miriam Segabutla in 2013.
There’s a lot going on in Gert van der Merwe’s life right now – so spare a thought for the man sitting across the desk from us. His name: Gert van der Merwe. His profession: attorney at law. His main occupation right now: telling people he isn’t the guy working for the Guptas.
The 36-year-old digs his iPhone out of his pocket and scrolls down to a text message he received just that morning.
“This client said to me, ‘Gert, are you the guy with the Guptas?’”
It all started about three years ago, says Gert, a former Lions rugby player who specialises in sport law and has an office a stone’s throw from Loftus Versfeld Stadium in Pretoria. He represented former Blue Bulls player Bees Roux in 2011 when he was charged with culpable homicide and drunk driving after a police officer was killed and has dealt with some the team’s cases.
The other Gert van der Merwe has very different headline-making clients. “In the beginning it was quite funny,” this Gert says. “People would call and say, ‘I see you’re representing the Guptas’.”
He also received “random calls” from people regarding cases he knew nothing about and he called the “other Gert” once about a year ago to tell him a client of his had called the wrong Gert.
“I’m the younger one so I can’t even say he stole my name,” he says with a chuckle.
But things have taken a decidedly more serious turn in recent weeks. Ever since the socalled Guptagate emails were leaked and the scandal gained momentum day after dramatic day, Gert has come under a fair amount of misguided fire.
Someone posted a screenshot of his website with his contact numbers on a Facebook page calling for President Jacob Zuma to fall.
‘Gert, are you the guy with the Guptas?’
(Turn over)
“There were a lot of comments, with one of them calling me a pig. I’ve received a lot of phone calls and messages from people saying, ‘What’s going on?’”
Others have asked Gert why he needs the money so badly that he’d take on the Guptas as clients.
He’s concerned potential clients might be turned off by what’s going on. “At the end of the day this is my bread and butter,” he says.
In the past few weeks Gert has focused all his energy on trying to protect his brand, which has included sending a notice to clients assuring them that his firm, Van der Merwe Inc, isn’t linked to the Guptas.
Fortunately he hasn’t had any protesters outside his office, he adds. “If that happens I’ll start crying.”
He says he’s concerned about safety and is grateful he and his family live on a security estate.
“I’ve told my wife that every time I drive in and out [of the estate] I check to see who’s there and who’s sitting in which car. This is bigger than just two people,” he tells us. “I’d hate for anything to happen to us because of mistaken identity.”
LIKE most South Africans, Gert has been following news of the state capture saga. He wouldn’t have taken the Guptas on as clients, he says. “There’s just too much at stake for the country to say it’s worth my while.” But a part of him sympathises with the other Gert. “If the Guptas had always been his clients, it’s difficult to say “I’m not going to help you anymore” when a debacle happens. Still, if this is the bed he’s made for himself, he must lie in it.”
His law firm is a lot more modest than the other Gert’s, he says – there are just three attorneys and three support staff. As a specialist in sport law he deals with rugby players’ contracts and sponsorship agreements, although his firm also handles family and criminal law matters.
Gert’s wife, Willemien (35), is the Blue
SBulls’ in-house attorney and the couple have two daughters, Mia (22 months) and Lisa (six months).
He’s been thinking a lot about using his full name, Gert Andries van der Merwe, since Guptagate erupted.
“My dad said I should have taken a double name when I went into practice,” he says.
So what is Gert taking away from this experience?
“Always listen to your dad.”