Judicial caution over ‘Fuelrot’ labels as Namcor six win bail appeal

Courts should avoid adopting informal labels like ‘Fuelrot’ for the National Petroleum Corporation of Namibia (Namcor) fraud and corruption case, High Court judge Philanda Christiaan cautioned on Friday.

She said this while delivering the appeal judgement in which six of the accused in the Namcor case were granted bail on Friday.

“This court emphasises that judicial officers should avoid adopting or echoing informal labels like ‘Fuelrot’ or similar descriptors used by the media or the public when discussing criminal cases,” Christiaan said in the judgement on the appeals of the six accused against a magistrate’s decision to turn down their applications to be granted bail last September.

“Such terminology, although common in public discourse, can carry connotations that imply pre-judgement, sensationalism, or alignment with public opinion. Courts must be seen to handle every case with independence, impartiality and a strict adherence to the presumption of innocence,” Christiaan said.

She added: “The use of neutral, case-appropriate language reinforces the constitutional duty of courts to decide cases solely based on evidence and law, rather than on public characterisations or media narratives. Judicial restraint in wording is, therefore, crucial to maintaining public trust in the fairness and objectivity of the justice system.

Christiaan made the remarks towards the end of an 81-page judgement in which she and judge Eileen Rakow upheld the appeals of former Namcor managing director Imms Mulunga, businessmen Peter and Malakia Elindi, former Namcor finance and administration executive Jennifer Hamukwaya, former Namcor manager Olivia Dunaiski and Leo Nandago against magistrate Linus Samunzala’s decision to turn down their applications to be granted bail.

Samunzala used the term ‘Fuelrot’ in the introduction of his judgement on the bail applications of the six accused, Christiaan noted.

In the High Court’s appeal judgement, Christiaan found that there were “material misdirections of fact and law” in Samunzala’s judgement.

“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 of the Criminal Procedure Act,” Christiaan stated.

Rakow agreed with Christiaan’s judgement.

The High Court granted bail in an amount of N$50 000 each to Peter and Malakia, Mulunga and Hamukwaya, and in an amount of N$20 000 each to Dunaiski and Nandago.

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

In conditions attached to the bail granted to the six accused, the court ordered that they may not apply for any travel documents until their criminal case has been concluded, and that copies of the 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 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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