Allexer Namundjembo
Businessmen Peter Elindi and his brother Malakia Elindi have appealed against the Magistrates Court’s decision to deny them bail in the Namcor fraud and corruption case.
The brothers were arrested last year with four other co-accused following an investigation by the Anti-Corruption Commission (ACC) into fuel supply contracts linked to the National Petroleum Corporation of Namibia (Namcor).
In written heads of argument filed in the Windhoek High Court and seen by the Windhoek Observer, their lawyers, led by Sisa Namandje, argue that the decision to refuse bail was based on misrepresentations and a selective reading of the evidence.
“The court a quo disproportionately relied on the investigating officer’s testimony while ignoring contradictions and critical concessions that favour the appellants,” the submission reads.
Court documents state that Enercon Namibia signed contracts with the Ministry of Defence to supply petroleum products and carry out civil works at military sites.
Enercon Namibia, where the Elindi brothers are shareholders and directors, later entered into an asset purchase agreement with Namcor in July 2022.
The deal involved the sale of bulk fuel storage facilities, while Enercon continued supplying the ministry under a 15-year agreement.
The brothers argue that both internal and external assessments, including a Namcor feasibility study, confirmed that the transaction made commercial sense.
“The evidence indicates that the acquisition of Enercon’s assets by Namcor made commercial sense and that the appellants acted within the bounds of legitimate business practice,” the heads of argument state.
The legal team also points to inconsistencies in the investigating officer’s evidence.
They argue that fraud was only alleged after Namcor had already made its commercial offer.
“The investigating officer conceded that there was no fraudulent misrepresentation before 8 July 2022, yet the court ignored this fundamental fact,” the document states.
The brothers are asking the High Court to overturn the bail refusal and grant them bail under reporting conditions.
They argue that their arrests were premature because the state was not ready to proceed to trial.
“Our clients were arrested at a stage where the investigation was largely complete, but the case was not ready for prosecution.”
Peter and Malakia first applied for bail in the Windhoek Magistrate’s Court after their arrest in July 2025.
Bail was denied in September 2025 by Magistrate Linus Samunzala, who cited contradictions in their evidence and concerns about possible interference with the investigation.
They are now arguing that the lower court mischaracterised both their evidence and their business dealings.
