Members claim BON has no jurisdiction over TVI Express
Following the Bank Of Namibia’s claims that TVI Express is an illegal pyramid scheme, members of TVI Express lawyered up and rolled out threats of a class action lawsuit unless the bank met their demands.
Through their lawyers, Metcalfe Attorneys, members of TVI Express demanded that the bank meet with them and retract their public warning.
In response to these demands, the Bank of Namibia again put out another public warning reminding Namibians of the possible N$1,000,000 ($145,000 AUD) fine or 10 year imprisonment penalty for promoting TVI Express.
Following this second public warning, members of TVI Express have since come out with what they believe is a rock solid defense. Instead of addressing the TVI Express business model, explaining or analysing it – TVI express members are claiming the bank of Namibia has no ‘jurisdiction over them‘.
Because apparently all members of TVI Express operate as sole traders.
This argument was put forth by Namibian TVI Express member Magnus Nangombe. Nangombe, who has signed on with Metcalfe Attorneys is also claiming to represent all 2000+ Namibian TVI Express members.
His argument is simple, he claims that TVI Express members are
individual traders who conduct business for their own account …[thus] on this basis alone you (the Bank of Namibia) have no jurisdiction over them.
This is a notable change from Nangombe’s previous defense, which was that ‘has little understanding of e-commerce and has misunderstood the business model of TVI Express Limited‘.
Presumably after making this statement Nangombe actually went and had a look at TVI Express’ business model, picked his jaw up off the ground and came up with this second defense.
The problem? Well this second defense doesn’t really hold up either.
One of the cornerstones in the Bank of Namibia’s argument is that TVI Express receives funding from members of the public, a charge TVI Express members have previously denied.
Speaking through Metcalfe attorneys, Namibian TVI Express members claimed that ‘TVI Express does not take funds from the public’.
The inaccuracy of this comment is quite easily displayed with a quick look over of the TVI Express compensation plan. TVI Express members are rewarded on two matrix travel boards which, once full, the top member get a pay out.
The first board pays a measly $250 when you cycle but requires 15 people to sign up. The recruitment fee for each of these people (being the first board they are all new members) is $250. Discounting one $250 payment for the payout reward, you’ve then got 14 people’s signup fees going somewhere.
To TVI Express of course.
Naturally some of these funds will be used to payout the second matrix board but the leftovers flow into the pockets of the company itself.
So as you can see, claiming that TVI Express don’t take any funds from the public is a load of easily refutable baloney.
In light of this paper thin defense, it’s not surprising then to read that Nangombe has a fall back plan in comparing TVI to other MLM companies. The first of which is Amway. Nangombe is calling for the BON to shut down Amway because he claims it ‘operates in the same way as TVI Express‘.
Meanwhile Amway has products that can be sold on a retail level, while TVI Express claims its own members ‘don’t need to sell any products’.
One company requires members to sell products and the other doesn’t, so as you can see they’re completely the same. Right Nangombe?
Interestingly enough it seems that all this commotion in Namibia has resulted due to a lack of communication on TVI Express’ behalf. On October 27th, the Bank of Namibia actually scheduled a meeting ‘but no TVI Express representatives pitched up‘.
It appears for now, with still no official announcement having been made by the company itself, that TVI Express has abandoned its Namibian members and left them to take on Namibia’s regulators themselves.
Despite a lack of action thus far, TVI Express executives are aware of the issues in Namibia with Deputy Governor Paul Hartman confirming
the lawyers for the owners of TVI have made contact with us and we will meet them to discuss their operations in the country.
What, if any, action TVI Express itself chooses to undertake remains to be seen.