Bail granted to six accused in Namcor fraud, corruption case

Six of the individuals charged in the National Petroleum Corporation of Namibia (Namcor) fraud and corruption case have been granted bail after successful appeals to the Windhoek High Court.

The court granted bail in an amount of N$50 000 each to businessmen Peter and Malakia Elindi, former Namcor managing director Imms Mulunga, and former Namcor finance and administration executive Jennifer Hamukwaya, and in an amount of N$20 000 each to former Namcor manager Olivia Dunaiski and Leo Nandago, in a judgement delivered on Friday.

The six accused have been held in custody for more than eight months since their arrests in July last year.

In the appeal judgement, judge Philanda Christiaan set aside an order in which the six accused were refused bail in the Windhoek Magistrate’s Court in September last year.

Christiaan, with judge Eileen Rakow agreeing with her decision, found that there were “material misdirections of fact and law” in the judgement of the magistrate who turned down the bail applications of the six accused.

“The magistrate failed, in critical respects, to properly evaluate the evidence within the limited scope of a bail enquiry, placed undue reliance on contested aspects of the state’s case, and did not adequately balance the appellants’ personal circumstances against the statutory considerations in [sections 60 and 61] of the CPA [Criminal Procedure Act],” Christiaan stated.

The court ordered that the six accused may not apply for any travel documents until their criminal case has been concluded, and that copies of the High Court’s order on their appeals and photocopies of their passports containing their photographs and particulars should be provided to all Namibian border posts, Hosea Kutako International Airport, and Eros Airport.

Peter and Malakia Elindi and Nandago may not leave the district of Ondangwa, and Mulunga, Hamukwaya and Dunaiski may not leave the district of Windhoek without prior written notification to the investigating officer of their case, the court also ordered.

The Elindi brothers and Nandago were further ordered to report at the Anti-Corruption Commission’s office at Oshakati every Monday and Friday, while Mulunga, Hamukwaya and Dunaiski have to report to the commission’s office in Windhoek every Monday and Friday.

The six accused are also prohibited from interfering with the ongoing investigation of the case in which they are charged and interfering with witnesses in the matter, the court ordered.

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