Hertta-Maria Amutenja
Anti-Corruption Commission (ACC) chief investigating officer Oberty Inambao told the Windhoek Magistrate’s Court on Wednesday that the former managing director of the National Petroleum Corporation of Namibia (Namcor), Immanuel Mulunga, was tricked into making a N$53 million offer to acquire fuel storage facilities.
He said Namcor, through Mulunga, had made an offer to acquire storage facilities.
However, this offer was never executed.
“Mulunga represented Namcor, and he was misled on the 15th of July 2022. Those storage facilities have never been acquired by Namcor, even though the asset purchase agreement was signed on that day,” said Inambao during cross-examination by defence lawyer Sisa Namandje.
Inambao testified that the offer was initiated by Olivia Dunaiski, former Namcor Trading commercial manager, who had received an evaluation report which she attached to a memorandum addressed to Mulunga.
The report suggested a value of N$53 million for the assets.
“Dunaiski initiated the process as far as the offer was concerned,” Inambao said, adding that Peter and Malakia Elindi of Erongo Petroleum CC accepted Namcor’s commercial offer.
“The act they did in committing the fraud was by accepting the commercial offer. When people work towards a common goal, they can still commit fraud against an entity,” he added.
Namandje once again accused the ACC of leaking case details to the media. Inambao denied the claim but gave no further details.
Earlier in the bail hearing, Inambao testified that former Namcor finance executive Jennifer Hamukwaya had access to Enercon Namibia’s bank account five months before any formal agreement was signed.
The ACC obtained a resolution dated 26 October 2021 authorising Hamukwaya’s access to the account.
Enercon’s relationship with Namcor began in November 2021 when it issued a N$5 million credit guarantee.
Between December 2021 and March 2022, Enercon took over N$73 million in liabilities owed by Eco Fuel Investment CC, a company owned by Victor Malima.
A resolution dated 2 March 2022 confirmed Enercon’s intention to negotiate an exclusive fuel supply deal with Namcor.
The deal was formalised on 15 March 2022 with a N$15.5 million credit facility. No new credit guarantee was issued. Government purchase orders were used as collateral.
On 10 May 2022, Namcor was already planning to acquire Enercon’s infrastructure. The deal was signed by Mulunga on 18 July 2022 without approval from Namcor’s procurement or financial committees.
A board member later filed a complaint, which led to the ACC investigation.
Enercon shareholders include Peter and Malakia Elindi. Retired army brigadier James Auala is also listed as a director.
The ACC alleges that between 1 August 2022 and 4 May 2023, former Namcor employees Willemse, Hamukwaya and Dunaiski supplied fuel worth N$277 million to Enercon and Erongo Petroleum without following internal procedures.
Payments were also allegedly made to Namcor staff. In August 2022, Dunaiski received N$10 000 from Austin Elindi of Erongo Petroleum. ACC records show that N$950 000 was transferred to Panduleni Farming, a company owned by Hamukwaya’s husband, starting 27 May 2022.
Dunaiski later resigned from Namcor and joined Erongo Petroleum. Inambao told the court she had developed a romantic relationship with Elindi, but he could not confirm when it began.
The state alleges that Peter and Malakia Elindi, Mulunga, Willemse, Hamukwaya, her husband Panduleni, Dunaiski, and Lydia Elindi were part of a syndicate that defrauded Namcor of around N$480 million. Malima has fled to Angola and is subject to an arrest warrant.
The bail hearing continues.
