Windhoek court hears not-guilty pleas in Namcor corruption trial

The 14 individuals and six corporate entities charged in the National Petroleum Corporation of Namibia (Namcor) fraud and corruption case denied guilt on all of the charges they are facing during an appearance in the Windhoek Magistrate’s Court yesterday.

The accused gave no plea explanations to magistrate Eliud Nakulonda on the 75 charges on which they pleaded not guilty.

Their next court appearance is scheduled to take place on 28 October, after their case was postponed for the prosecutor general to make a decision about the prosecution of the 14 individuals, five close corporations and one company charged in the matter.

Each of the accused is facing only some of the 75 charges that the state has drawn up against them.

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

The first four accused – former Namcor managing director Imms Mulunga and former Namcor managers Cedric Willemse, Jennifer Hamukwaya and Olivia Dunaiski – are jointly charged with a count of fraud involving N$53.2 million.

The state is alleging that they defrauded Namcor in July 2022 through a transaction in which a subsidiary of the state-owned company, Namcor Trading and Distribution, bought nine filling stations at Namibian Defence Force bases from the fuel company Enercon Namibia for N$53.2 million.

Bribes or kickbacks were paid to members of Namcor’s credit committee for having approved the transaction, the state is alleging.

In a charge of corruptly using an office or position for gratification against Mulunga, it is alleged that he created a gratification of N$53.2 million for his own benefit or for Enercon, its former directors and shareholders Peter Elindi and Malakia Elindi, Willemse, Hamukwaya, Dunaiski and Hamukwaya’s husband, Panduleni Hamukwaya.

Mulunga is also accused of corruptly receiving gratification in the form of an Audi Q8 vehicle valued at about N$3.2 million in August 2022.

The car was allegedly given to Mulunga by Victor Malima, a member of the close corporation Eco Trading, as a reward for Mulunga facilitating the Enercon filling station transaction and the supply of fuel to Enercon and the close corporation Erongo Petroleum without payment having been made for the fuel.

In a second fraud charge against Mulunga, Willemse, Hamukwaya and Dunaiski jointly, the state is alleging that they defrauded Namcor by allowing fuel to be supplied to Enercon, Erongo Petroleum and Eco Trading above the three entities’ credit limits with Namcor.

As a result of that supply of fuel, Namcor Trading and Distribution suffered an actual loss of N$331 million, the state is alleging.

The charges against Willemse include two counts of corruptly accepting gratification. In one of those charges, it is alleged that Willemse received a payment of N$3.01 million from Enercon and Erongo Petroleum between March and July 2022 for having authorised the supply of fuel to the two entities above their respective credit limits with Namcor.

It is also alleged that Willemse received a payment of N$1.04 million from Enercon and Erongo Petroleum in July 2022 as gratification for having authorised the purchase of nine filling stations by Namcor Trading and Distribution.

All of the accused have been released on bail, with six of them having spent more than eight months in custody before they were granted bail by the High Court three and a half weeks ago.

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