A second bail application by accused charged in the National Petroleum Corporation of Namibia (Namcor) fraud and corruption case is set to start in the Windhoek Magistrate’s Court on 25 August.
The hearing of a bail application by former Namcor supply and logistics manager Cedric Willemse (52) and fuel company owner Austin Elindi (31) was scheduled to start before magistrate Jurina Hochobes on Thursday, but was postponed to 25 August after Elindi was admitted to a hospital in Windhoek.
Elindi’s defence lawyer, Karel Gaeb, informed the magistrate during a court appearance by Willemse on Thursday that he has not been able to establish whether Elindi will be medically fit to proceed with a bail application on the planned date.
Willemse, however, will be applying for bail on 25 August, whether Elindi is present or not, Willemse’s defence lawyer, Boris Isaacks, said.
Willemse has been held in custody since his arrest on 8 July. Elindi was arrested two weeks ago.
Willemse is facing 10 charges, including counts of fraud, corruptly receiving gratification, using a position for gratification, money laundering and failing to pay tax.
The charges against Willemse include an allegation that he received N$3.01 million from the fuel company Enercon Namibia and the fuel firm Erongo Petroleum between March 2018 and May 2023 as gratification for having authorised the supply of fuel by Namcor to the two firms above their credit limits.
The state is also alleging that Willemse received N$1.04 million in July 2022 as gratification for facilitating the sale by Enercon of nine filling stations at Namibian Defence Force bases to Namcor.
In the charge of failing to pay tax, the state is alleging that during the period from 2018 to 2022 Willemse failed to declare an income of N$60 million and that he is liable to pay N$20.7 million in tax for his income over that period.
Elindi, who is a director and shareholder of Enercon Namibia and the sole member of Erongo Petroleum CC, is the son of businessman Peter Elindi, who is also charged in the matter.
Austin Elindi is facing seven charges, including counts of fraud or theft by false pretences, corruptly giving gratification and money laundering.
The charges against Elindi include an allegation that he defrauded Namcor between December 2022 and May 2023 by pretending that fuel valued at N$238.6 million that Namcor supplied to Erongo Petroleum had been paid for, whereas the fuel was not paid for.
The state is also alleging that Elindi corruptly gave N$500 000 as gratification to former Namcor finance executive Jennifer Hamukwaya in December 2022, in return for her approving the supply of fuel valued at N$238.6 million to Erongo Petroleum.
Hamukwaya has denied that charge during a bail hearing that has been taking place before magistrate Linus Samunzala since 14 July.
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