Justicia Shipena
Anti-Corruption Commission (ACC) chief investigating officer Oberty Inambao told the court on Monday that former Namcor finance executive Jennifer Hamukwaya had access to Enercon Namibia’s bank account five months before the company entered into any agreement with the National Petroleum Corporation of Namibia (Namcor).
Testifying in the ongoing bail hearing in the high-profile fuel corruption case, Inambao said the ACC obtained a resolution dated 26 October 2021 authorising Hamukwaya’s access to the Enercon account.
“As part of the account opening documentation obtained, there was a resolution made by Enercon… in which Jennifer Hamukwaya was given access,”said Inambao.
He told the court that the resolution did not indicate the purpose of her access. Furthermore, there was no documentation from Namcor authorising her to be a signatory to Enercon’s account.
The account later became central to a fuel supply agreement signed on 15 March 2022.
Under the agreement, payments from the Ministry of Defence and Veterans Affairs to Enercon were to be debited by Hamukwaya and transferred to Namcor.
“The condition was that Jennifer would be granted access to one of Enercon’s accounts, which would act as another level of security… to ensure that money credited to that account by the Ministry of Defence… would be debited by her and credited to Namcor’s account,” he said.
He said the ACC’s investigation began on 7 February 2024, following an anonymous tipoff alleging that Cornelius ‘Cedric’ Willemse was involved in corrupt activities and depositing large sums of money into his personal accounts.
A separate police docket, later submitted to the ACC, listed Willemse as a suspect under different allegations.
Inambao testified that the relationship between Namcor and Enercon began on 19 November 2021, when Enercon provided a N$5 million credit guarantee to Namcor.
Under Namcor’s policy, such guarantees were required to manage client default risks. However, on 29 November 2021, Jennifer cancelled the guarantee.
“Evidence shows that the credit guarantee was cancelled by Jennifer Hamukwaya as there was allegedly something wrong with the guarantee,” Inambao said.
Following the cancellation, Enercon’s credit limit was reduced to zero, meaning they could only receive fuel on a cash basis.
From 15 December 2021 to March 2022, Enercon assumed liabilities of N$73 million previously owed by Eco Fuel Investment CC, owned by Victor Malima. He said a resolution dated 2 March 2022 confirmed that Enercon had taken over the debts and intended to negotiate an exclusive supply agreement with Namcor.
The fuel supply agreement was signed on 15 March 2022, with a credit facility of N$15.5 million. Inambao said Enercon never provided a new credit guarantee. Instead, government purchase orders from the ministry of defence were used as collateral.
“It was indicated that all the purchase orders issued by Enercon to Namcor would be accompanied by a government purchase order issued by the ministry of defence,” Inambao said.
He also revealed that by 10 May 2022, Namcor was already planning to acquire Enercon’s fuel infrastructure.
The deal was signed by former Namcor managing director Immanuel Mulunga on 18 July 2022. Inambao said this was done without following Namcor’s financial, procurement, or budgeting procedures.
The value of the fuel infrastructure in the agreement was N$53.2 million. According to him, the complaint that triggered the ACC investigation was filed by a Namcor board member and chairperson of the audit and finance committee of Namcor Trading. The complaint stated that the acquisition was done without the broader company’s knowledge.
Inambao confirmed that Enercon shareholders include brothers Peter and Malakia Elindi. Retired army brigadier James Auala was also listed as a director in Enercon’s records obtained from the Business and Intellectual Property Authority (Bipa).
The state alleges that the accused were involved in a syndicate that defrauded Namcor of about N$480 million. Those implicated include Peter and Malakia Elindi, Immanuel Mulunga, Willemse, Jennifer and her husband Panduleni Hamukwaya, Olivia Grace Dunaiski, and Lydia Elindi. Victor Malima has reportedly fled to Angola and is subject to a warrant of arrest.
The state alleges that between 1 August 2022 and 4 May 2023, Namcor former employees Willemse, Jennifer, and Dunaiski corruptly supplied fuel to Enercon and Erongo Petroleum CC without following internal procedures. The value of the fuel supplied was estimated at N$277 million.
