Windhoek Magistrate's Court Hears Bail Application in N$480 Million NAMCOR Corruption Case
The Windhoek Magistrate's Court is currently hearing a bail application in a significant corruption case involving the National Petroleum Corporation of Namibia (NAMCOR) and a total of 13 accused individuals and corporate entities. The state alleges that the case involves over N$480 million (Namibian Dollars) in illicit activities.
The Charges:
The charges have significantly increased to 71 counts from the initial, less detailed charge sheet presented at the accused's first court appearance.
The accused face multiple counts under Namibia's Prevention of Organised Crime Act and the Anti-Corruption Act. These include charges such as corruptly accepting gratification, corruptly using office or position for gratification, assisting others to benefit from proceeds of unlawful activities, acquisition, possession, or use of proceeds of unlawful activities, and fraud.
The prosecution claims the alleged activities involved a string of dubious transactions, racketeering, money laundering, and tax evasion.
The Accused (Individuals and Entities):
The case involves eight individuals and five corporate entities as accused.
Individuals:
Immanuel Mulunga (former NAMCOR Managing Director)
Jennifer Hamukwaya (former NAMCOR Executive of Finance and Administration)
Olivia Dunaiski
Cornelius Willemse (former NAMCOR Supply and Logistics Manager)
Peter Elindi (businessman, former director of Enercon)
Malakia Elindi (businessman, brother of Peter Elindi)
Lydia Elindi (wife of Malakia Elindi)
Panduleni Hamukwaya (Jennifer Hamukwaya's husband)
Corporate Entities:
Enercon Namibia
Onyeka Clearing and Forwarding
Nyambali Medical Centre
Panduleni Farming
Parkwood Petroleum Logistics
Key Allegations and Details:
N$53 Million Enercon Deal: A central allegation revolves around a N$53 million payment from NAMCOR to Enercon for the purported purchase of nine service stations. The state claims these stations were encumbered to the Ministry of Defence and Veterans' Affairs and never legally transferred to NAMCOR. It's further alleged that Peter Elindi corruptly offered N$2.5 million to Cornelius Willemse and Jennifer Hamukwaya to facilitate this transaction.
Bribes and Money Laundering: The state alleges that Cornelius Willemse received N$960,000 as a bribe for authorizing the sale of service stations. Funds were also reportedly transferred to the personal accounts of the accused and to companies like Eco Trading (owned by fugitive Victor Malima), which allegedly purchased an Audi Q8 for former MD Immanuel Mulunga.
Enercon Debt: Enercon reportedly owed NAMCOR N108 million (and later N114.6 million) for unsettled fuel supplies. Enercon is also facing provisional liquidation proceedings over unpaid fuel debts to NAMCOR.
"Mistaken Identity" Claim: One of the accused, Peter Elindi, has asserted that a charge related to N$1.5 million paid into an account from Onyeka Clearing and Forwarding CC is based on mistaken identity, as the account belongs to his brother, Malakia Elindi. His legal team has threatened High Court action if the charge isn't withdrawn.
State's Opposition to Bail: The state is strongly opposing bail for the accused. Prosecutors cite risks of abscondment, possible evidence tampering, the seriousness of the charges, public interest, and pending arrests of more suspects.
Defence Arguments: Defence lawyers, notably Sisa Namandje representing the Elindi brothers, have argued that the state has inflated the alleged N$480 million figure without sufficient evidence. They accuse the prosecution of "criminalizing" what they contend should be a commercial dispute and of using the media to provoke public anger. They also claim that some charges are legally flawed, do not exist in law, or are duplicated.
Ongoing Investigations: The expanded and detailed charges are based on ongoing investigations and a review of over 18 files of evidence. The Anti-Corruption Commission (ACC) has indicated that more arrests are expected as investigations continue to unravel the full extent of the alleged illicit network.
The bail hearing is ongoing, with various testimonies and arguments presented by both the state and the defence. The outcome of the bail applications is closely watched.
I'm Aisha shehu
Talksocialtalka News
