Hertta-Maria Amutenja
A document presented in the Windhoek Magistrate’s Court revealed that Enercon Namibia (Pty) Ltd sold fuel station assets to the National Petroleum Corporation of Namibia (Namcor) without informing the ministry of defence and veterans affairs.
The document, signed by the ministry’s executive director Wilhelmine Shivute, stated that Enercon never communicated its intention to sell the assets, which were situated on ministry property. The state argued that the ministry had not granted any authorisation for the sale.
During cross-examination on Monday, state prosecutor Menencia Hinda told accused Malakia Elindi—then a director at Enercon—that he had no legal right to sell the assets or associated rights to Namcor.
“You were not in a position to sell anything to Namcor because Enercon was not the owner,” Hinda said.
Malakia, who is applying for bail in the ongoing corruption and money laundering case, responded that Enercon had the right to enter the agreement.
“We are having rights entitled to enter into an agreement for those assets, as we built them with our own funds,” he said.
He told the court that the agreement with the ministry allowed Enercon to independently fund and construct the facilities. He confirmed that ownership of the assets would only transfer to the ministry in 2031.
“Yes, that’s correct. There was a 15-year timeline, and we are not yet in 2031,” Malakia said.
Further questioning revealed that Namcor paid Enercon N$53 million for exclusive rights to supply fuel to the Ministry of Defence. However, Namcor never delivered any fuel under the deal. Instead, Enercon continued supplying fuel after the transaction.
Malakia told the court this was due to national security concerns. He insisted that Enercon was not legally obligated to inform the ministry about the agreement with Namcor.
He denied allegations that Enercon illegally sold nine fuel stations to Namcor, saying the infrastructure was built using Enercon’s funds. He also confirmed that both he and his brother, Peter Elindi, signed the asset purchase agreement with Namcor.
Hinda accused Malakia of misleading the court about the circumstances of his arrest, specifically his claim that he left his children alone when taken into custody. She said Malakia had made phone calls to arrange care for the children.
“Firstly, you phoned your brother, who did not pick up, and thereafter you called a female who came to the aid of the children,” said Hinda.
Malakia rejected this version.
“I did not call someone from outside. The person who was there was already inside the house, which is my second wife,” he said.
Hinda pressed him on why he gave the impression that the children were alone.
“So why are you telling the court that you left three children all by themselves in the house? Because that is the image you portrayed to the court,” she said.
“I said I left them sleeping, as we had just arrived that morning at 05h00. I also said they had not seen their parents since the arrest until today. I am standing on that point,” Malakia responded.
The questioning formed part of Malakia’s ongoing bail hearing in a case that involves eight others. He is one of several accused in the Namcor-Enercon corruption case, which centres around the irregular awarding of a N$400 million fuel supply tender to Enercon.
The state claims Namcor acquired rights, title, and interest in nine service station assets as part of the alleged scheme.
Malakia previously declared assets worth N$113 million and liabilities over N$18 million. He said his arrest has hurt his financial position.
His assets include a N$22 million house in Ondangwa and a N$6.8 million investment with BV Bank. His liabilities total N$6.2 million.
Hinda also questioned Malakia about his relationships with individuals mentioned in the case. Malakia denied having personal ties with most of them.
On former Namcor managing director Immanuel “Imms” Mulunga, he said, “I only know him because he is from Omutele village in Oshikoto, where I was born.”
He said he only knew Namcor employee Cornelius Willimese by name. “I do not have a personal relationship with him. It is the same with Jennifer Hamukwaya.”
Malakia said he knew Jennifer’s husband, Panduleni Hamukwaya, because he was in Cuba with his brother Peter. “I know him only as Jennifer’s husband.”
He said he knew Victor Malina because Malina grew up in Peter’s house. “He is the son of my brother Peter Elindi’s sister-in-law.” On Leo Nandago, he said, “I only got to know him at court.”
Malakia also clarified that retired army brigadier James Auala was not a signatory to Enercon’s bank accounts in 2022.
“In 2022, only Peter and I were signatories to the Enercon bank account,” he said.
The bail hearing continues.
