ACC investigator claims Namcor accused may have lived in Dubai

The Anti-Corruption Commission has intelligence that businessman Malakia Elindi, who is one of the individuals accused of fraud and corruption at the National Petroleum Corporation of Namibia (Namcor), has lived in Dubai.

This was claimed by Anti-Corruption Commission (ACC) investigator Oberty Inambao yesterday, during a bail hearing of six individuals charged with alleged fraud and corruption at Namcor.

Inambao’s claim about Elindi was disputed by defence lawyer Sisa Namandje, who is representing Elindi and his brother and business partner Peter Elindi.

Inambao told magistrate Linus Samunzala in the Windhoek Magistrate’s Court: “During the investigations we established that mister Malakia at some point lived in Dubai, if I’m not mistaken.

“I’m saying the risk of abscondment is there for any of the accused persons, including him as well.”

Because the charges against the individuals and corporate entities charged in the matter are serious, there is a risk that the individuals could flee if released on bail, Inambao indicated.

During cross-examination by Namandje, though, Inambao acknowledged that he did not know when Elindi lived in Dubai or that the intelligence he referred to is correct.

“Do you know for a fact he lived in Dubai?” Namandje asked.

Inambao answered: “No.”

He went on to say that he has seen records of Elindi’s movements out of and into Namibia, and added that in a bail application it is permitted to rely on hearsay evidence.

The ACC is relying on bad intelligence, Namandje retorted.

Inambao also told the court that one of the suspects in the matter has fled out of Namibia. That was an apparent reference to a nephew of Peter Elindi, Victor Malima, who is wanted in connection with the same case.

There are also risks of interference with the investigation of the case if the accused are granted bail, Inambao said.

Referring to an Audi Q8 vehicle valued at N$3.2 million that Malima allegedly bought for former Namcor managing director Imms Mulunga in August 2022, according to one of the charges against Mulunga, Inambao noted that the ACC has been unable to find the vehicle.

“This is a sign of interference with investigations,” he said.

On Tuesday, Inambao told the court the car in question is registered in the name of a cousin of Mulunga, Hileni Kamati, but that according to her she does not own such a vehicle.

Records at a car dealership where the Audi Q8 was taken to be serviced indicate that Mulunga booked the car in for a service, Inambao added.

Mulunga has told the magistrate he does not own the vehicle. He says he took the car to be serviced because he had driven it “for two or three days” and because Malima had asked him to book it in for a service on his behalf.

During his cross-examination of Inambao yesterday, Namandje claimed the charges against the accused are “half-cooked” and the case against them “is actually extraordinarily weak”.

He questioned why the accused were arrested four weeks ago when the ACC’s investigation of the matter has not been completed and the state is not ready for a trial to start.

Inambao said the ACC’s investigation has been taking place for more than 12 months and the evidence collected showed that crimes were committed, which led to a decision to arrest the accused and bring them before the court.

“In terms of the evidence we have gathered, we have a strong case, a very strong case,” Inambao said.

“Crimes were committed, bribes were paid.”

Inambao also said: “An arrest is part of investigation processes.”

“It’s shocking,” Namandje remarked, having claimed that the arrests carried out four weeks ago were not necessary.

The bail hearing is continuing.

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