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Namcor ‘Fuelrot’: N$480m fraud, 68 charges in massive corruption case

About N$480 million is involved in the case in which eight people were this week arrested in connection with alleged corruption at the National Petroleum Corporation of Namibia (Namcor).

Public prosecutor Menencia Hinda revealed this when the eight individual accused made a first appearance in the Windhoek Magistrate’s Court yesterday.

The court appearance ended with magistrate Olga Muharukua postponing the matter to Monday for a bail hearing. The accused remain in custody in the meantime.

The state opposed bail, with Hinda arguing that the accused are facing serious charges, involving N$480 million lost by Namcor, and there is a risk that the accused will interfere with the investigation of their case.

“Due to the seriousness of the charges and the sensitivity of Namcor’s loss at the value at N$480 million, an investigation needs to be carried out,” she said.

Hinda argued against granting them bail due to the risk of fleeing across the border, stating that it was monitored that they have homes in South Africa.

The accused who appeared before Muharukua are are former Namcor managing director Imms Mulunga (53), former Namcor logistics manager Cornelius ‘Cedric’ Willemse (52), former Namcor commercial manager Olivia Dunaiski (45), Peter Elindi (60), Malakia Elindi (51) and his wife Lydia Elindi (50), former Namcor finance manager Jennifer Hamukwaya (42), and her husband, Panduleni Hamukwaya (51).

The fuel company Enercon Namibia, and the close corporations Onyeka Clearing and Forwarding, Nyambali Medical Centre, Panduleni Farming and Parkwood Petroleum Logistics are also charged.

Enercon Namibia was previously owned by brothers Peter and Malakia Elindi. The company had a fuel supply agreement with Namcor, which Enercon liquidated because of unpaid debts of N$114 million last month.

Lawyer Sisa Namandje yesterday argued that the charges against his client Peter under the Anti-Corruption Act are unconstitutional.

“The main allegation is read with other charges under the same section. This method of charging a defendant does not apply in Namibia,” he said.

Namandje is also representing Malakia and Lydia. He called on the state to accurately identify the charges.

Lawyer Francois Bangamwabo, who is representing Mulunga, Jennifer and Panduleni Hamukwaya, called for the release of one of the Hamukwayas on the grounds that they are parents to three minor children.

“The minors are now at home and we indicated that these minor children need to be protected and cared for by the Constitution,” he said.

Lawyer Milton Engelbrecht argued that the warrant, supporting documents and affidavit authorising the seizure of his client’s, Willemse’s, cellphones, laptop and ATM cards were not provided at the time of his arrest.

CHARGES

Sixty-eight charges in total are listed on the charge sheet on record at the court. With the details of the charges not yet on record, Hinda has given an undertaking that more information on the charges will be given to the defence today.

Mulunga is facing nine of the 68 listed charges. Jennifer, Peter and Malakia are also charged with nine counts each. Willemse is facing 11 counts, while Dunaiski is charged with 10 counts.

Six charges are listed against Lydia, while Panduleni is charged with five counts.

The charges against Mulunga include two counts of corruptly accepting gratification, a charge of corruptly using an office or position for gratification, a count of conspiring to commit an offence under the Anti-Corruption Act, a count of racketeering, which is an offence in terms of the Prevention of Organised Crime Act, and a charge of money laundering.

Counts of corruptly using an office or position for gratification, conspiring to commit an offence under the Anti-Corruption Act, fraud, racketeering, money laundering and income tax evasion are included in the 11 charges against Willemse.

The charges against both Jennifer and Dunaiski include counts of corruptly accepting gratification, corruptly using an office or position for gratification, fraud, racketeering, and acquiring, possessing or using the proceeds of unlawful activities.

The charges against Peter and Malakia include counts of corruptly giving gratification, conspiring to commit offences under the Anti-Corruption Act, fraud, racketeering and money laundering.

Lydia and Panduleni are also each charged with counts of racketeering, conspiring to commit offences under the Anti-Corruption Act, and acquiring, possessing or using the proceeds of unlawful activities.

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