By Staff Reporter

Copyright web

Staff Reporter

MAGISTRATE Linus Samunzala has said that most of the applicants in the Namcor bail application made material contradictions in their bail application and that Namcor never took ownership of the N$53 million worth of home base fuel stations which it had bought from Enercon Namibia Pty Ltd, albeit some of the accused testifying that it did.

The seven applicants, which include brothers and business partners Peter and Malakia Elindi, as well as former Managing Director of Namcor Immanuel Mulunga and his former co-workers Olivia Dunaiski, the former commercial manager, and Jennifer Hamukwaya, former executive of finance and administration, as well as Leo Nandago, who is linked to Erongo Petroleum, were arrested in July 2025, and after spending close to three months in jail, their hopes of being set free were dashed after their bail application was dismissed on 26 September 2025.

They face charges of corruptly using their office for gratification, fraud, theft, and money laundering in relation to the alleged sale of phantom assets to Namcor, in which Namcor bought nine home base service stations located on the Namibian Defence Force bases for N$53 million from Enercon Namibia, an entity owned by Peter and Malakia Elindi, but never took ownership of them as they already belonged to the Ministry of Defence.

Furthermore, they are also charged with credit fraud after allegedly offering fuel to Enercon Namibia Pty Ltd and Erongo Petroleum worth over N$300 million, exceeding their credit limits of N$10 million and N$15 million respectively.

The magistrate, in his bail judgment, said that after Namcor paid the N$53 million to Enercon, the said amount was distributed into the personal accounts of the accused, including Jennifer Hamukwaya, the former finance executive who is said to have approved the purchase.

From the N$53 million, Enercon transferred an amount of N$9.5 million to Eco Fuels, which is owned by Victor Malima, an accused in the matter who is on the run, who then dispersed the funds to the rest of the accused. Former logistics and supply manager Cedric Willemse is said to have pocketed most of the funds, with his entity Parkwood Petroleum CC receiving N$1.4 million, whilst Hamukwaya’s husband, Panduleni Hamukwaya, received N$500,000 via his business Panduleni Farming CC. A total of N$1.5 million was further paid from Eco Trading CC to Eco Fuels, an entity owned by Austin Elindi, whilst another N$1 million was also paid to Austin’s company, Venus Technologies CC, which then transferred N$10,000 to Venus Technologies.

The magistrate said that the speed at which these payments were dispersed also raises further questions. “On the same date of 19 July 2022 – when the N$53 million was paid by Namcor – it immediately landed in the accounts of the accused’s business entities as well as their personal bank accounts,” Samunzala said.

He added that Namcor did not get ownership or possession of the assets for which it paid the N$53 million. “Once the first and second applicants (Peter and Malakia Elindi) conceded that Namcor never took ownership of the assets, it is clear as daylight that Enercon did not deliver the assets. Enercon received N$53 million and retained ownership of the assets in question. The rhetorical question can be asked as to why Namcor paid if they did not acquire the assets,” Samunzala said.

He added that arguments brought up by defence lawyers of faulty charges, as well as the confiscation of phones without warrants, and arguments that this was a commercial transaction that went wrong and not a criminal case, can be dealt with at trial, and not for him to determine during the bail judgment.