A second bail hearing in the National Petroleum Corporation of Namibia (Namcor) fraud and corruption case will be delayed by at least two weeks, due to a recusal application that is to be filed by the state.
The second bail hearing in the Namcor matter was scheduled to start before magistrate Jurina Hochobes in the Windhoek Magistrate’s Court yesterday, but did not proceed after public prosecutor Basson Lilungwe informed the magistrate that the state wants to ask her to step down from the case.
Lilungwe did not disclose reasons for the state’s intended recusal application, which is to be done through a sworn statement that has to be filed at the court by Friday.
Hochobes is expected to give her ruling on the recusal application on 9 September.
The bail application that is set to be heard by Hochobes is being brought by former Namcor supply and logistics manager Cedric Willemse (52), who is one of the 11 individuals charged in connection with alleged fraud and corruption at the state-owned Namcor.
Willemse has been held in custody since his arrest seven weeks ago.
He is facing 10 charges, including two counts of fraud, alternatively theft by false pretences, two charges of corruptly accepting gratification, and counts of corruptly using an office or position for gratification, money laundering and failing to declare an income for the payment of tax.
In the charges against Willemse, the state is alleging that he defrauded Namcor during the period from March 2022 to July 2023 by authorising the supply of fuel to the company Enercon Namibia and the close corporation Erongo Petroleum above the two firms’ credit limits with Namcor.
The state is also alleging that Willemse defrauded Namcor in July 2022, when the company bought filling station assets at Namibian Defence Force bases from Enercon Namibia.
In other charges against Willemse, it is alleged that between March 2018 and May 2023 he received about N$3 million from Enercon and Erongo Petroleum as gratification for having authorised the supply of fuel by Namcor above the two firms’ credit limits with the state-owned fuel company.
The state is further alleging that Willemse accepted N$1.04 million in gratification from Enercon in July 2022, as a reward for facilitating Namcor’s purchase of nine filling stations from Enercon.
In the count of money laundering, the state is alleging that Willemse received payments of N$4.05 million from Enercon and Erongo Petroleum between July 2022 and November 2022, while knowing that the money was part of the proceeds of unlawful activities, or that he ought to have known that.
It is further alleged that between 2018 and 2022 Willemse failed to declare about N$60 million in income to the Namibia Revenue Authority and that he was liable to pay about N$20.7 million in tax on that income.
Willemse is being represented by defence lawyer Boris Isaacks, assisted by Braam Cupido and Johanna Iipinge.
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