Namcor accused granted bailafter eight months in jail

The eighth accused in a case about alleged fraud and corruption involving the National Petroleum Corporation of Namibia (Namcor), Panduleni Hamukwaya, has been granted bail after spending more than eight months in custody.

Hamukwaya (51) has shown on a balance of probabilities that he is a good candidate to be granted bail and that it would be in the interest of the public and of the administration of justice for him to be given bail, magistrate Jozanne Klazen said in a ruling delivered in the Windhoek Magistrate’s Court yesterday.

Klazen granted bail in an amount of N$200 000 to Hamukwaya, who was held in custody since his arrest on 8 July last year.

Hamukwaya was given bail on condition that he must hand his passport to the investigating officer of his case, should not obtain any travel documents until the case is concluded, must report to the investigating officer on Mondays, Wednesdays and Fridays, is not allowed to leave the district of Windhoek without written permission from the investigating officer, and should not interfere with state witnesses or the investigation of the matter.

Klazen noted in her ruling that Hamukwaya has family and financial ties to keep him in Namibia.

His wife, former Namcor finance and administration executive Jennifer Hamukwaya, is also charged in connection with alleged fraud and corruption at Namcor and has also been held in custody since her arrest on 8 July last year, leaving the couple’s three minor children without either parent, the magistrate noted as well.

Panduleni Hamukwaya is charged with two counts in terms of the Anti-Corruption Act, a count of money laundering under the Prevention of Organised Crime Act, and a charge of theft.

The state is alleging that between 27 May 2022 and 17 December 2022, Hamukwaya received N$1.55 million from the close corporation Quality Meat Supplies CC through his close corporation Panduleni Farming CC.

It is also alleged that this money was obtained as gratification from an asset purchase agreement between Namcor and the fuel company Enercon Namibia and that Hamukwaya held the N$1.55 million for his own benefit or the benefit of his wife.

During his bail hearing, which started before Klazen near the end of October last year, Hamukwaya said payments of N$1.45 million that were made to his close corporation in 2022 were part of an investment in a wildlife farming project.

Hamukwaya said the payments were made after Victor Malima, who is wanted in Namibia in connection with alleged fraud and corruption at Namcor, agreed to invest N$1.8 million in a wildlife farming project that he (Hamukwaya) planned to set up at his resettlement farm in the Otjozondjupa region.

After receiving the payments from Quality Meat Supplies CC, he paid N$643 000 towards a mortgage bond that he had and paid about N$107 000 to the Agricultural Bank of Namibia, where he had a loan, Hamukwaya said.

Six of Hamukwaya’s co-accused – former Namcor managing director Imms Mulunga, Jennifer Hamukwaya, businessmen Peter Elindi and Malakia Elindi, former Namcor manager Olivia Dunaiski and Leo Nandago – have appealed against a magistrate’s decision in September last year to refuse their applications to be granted bail.

The judgement on their appeals is expected to be delivered in the Windhoek High Court on Friday.

Hamukwaya was represented by defence lawyer Slysken Makando, instructed by Kalundu Kamwi, during his bail hearing.

Public prosecutor Menencia Hinda represented the state, which opposed Hamukwaya’s application to be granted bail.

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