Namcor’s Willemse to wait three weeks for bail ruling

Former National Petroleum Corporation of Namibia (Namcor) manager Cedric Willemse should hear in three weeks’ time if he will be released on bail after spending more than three months in custody following his arrest.

Magistrate Olga Muharukua on Tuesday postponed the delivery of her ruling on a bail application by Willemse to 28 October, after hearing closing arguments from defence lawyer Boris Isaacks and public prosecutor Basson Lilungwe.

Willemse (52), who was arrested on 8 July, is facing 10 charges in connection with alleged fraud and corruption at Namcor, where he was employed as the state-owned fuel company’s supply and logistics manager.

The charges against him include counts of fraud, corruptly using an office or position for gratification, corruptly accepting gratification, money laundering and failing to pay tax.

The charges include an allegation that Willemse received N$3.01 million from the fuel company Enercon Namibia, which was a client of the Namcor subsidiary Namcor Petroleum Trading and Distribution, in return for authorising the supply of fuel to Enercon above the company’s credit limit with Namcor.

The charges also include an allegation that Willemse received a payment of N$1.04 million in July 2022 for facilitating the sale of nine filling stations at Namibian Defence Force bases by Enercon to Namcor. Namcor paid N$53.2 million for the filling station assets.

Isaacks argued on Tuesday that although Willemse has dual Namibian and South African citizenship, his emotional roots are in Namibia and he has shown to the court he would not flee the country and would stand his trial if released on bail.

Willemse owns fixed properties in Namibia, including a farm in the Okahandja area and flats at Rehoboth, and he faces the risk of losing all of his assets due to financial reasons if he is refused bail, Isaacks argued.

He also argued that the state did not make out a strong case that bribes were paid to Willemse, who told the court that payments received by him were for meat that he had sold and logistics services that his close corporation delivered.

The question before the court is whether the interests of justice will be prejudiced if Willemse is granted bail, Isaacks said.

“It will not be in the public interest to keep an applicant in custody if it’s proven or shown that he will not abscond,” Isaacks said.

He added: “There’s simply no reason at all to keep mister Willemse in custody.”

Lilungwe argued that the charges against Willemse are “strong as steel”.

Willemse’s explanation that payments made to him were for meat he had sold was “just a concoction” and a lie through which he is trying to mislead the court, Lilungwe charged.

In contrast to Isaacks, Lilungwe also argued that Willemse would be a flight risk if released on bail.

“The incentive to abscond from Namibia is actually very high. He can easily start a life there [in South Africa],” he remarked.

He also said: “The likely degree of temptation to abscond that will face Mr Willemse is very high.”

When the seriousness of the charges against Willemse and the interests of the administration of justice are considered, Willemse has not shown that he is a good candidate to be granted bail, Lilungwe argued as well.

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