Justicia Shipena
The seventeenth accused in the Namcor fuel corruption case, Austin Elindi is alleged to have paid over N$2.36 million in bribes to former Namcor employees in five months.
The bribes were paid between July and December 2022.
Court documents show the payments were channelled through Namcor Petroleum Trading and Distribution (Pty) Ltd, the state-owned company responsible for fuel trading and distribution.
The company also operates the National Oil Storage Facility in Walvis Bay and supplies fuel to sectors such as mining, construction, and public enterprises.
The state alleges the payments included N$500,000 to Jennifer Hamukwaya, N$350,000 to Cornelius Petrus Willemse, N$1 million through Venus Technology CC, and N$10,000 to Olivia Dunaiski.
On 17 December 2022, Austin paid N$500,000 into the account of Quality Meat Supplies CC. On the same day, the funds were transferred to Panduleni Farming CC, allegedly for the benefit of Jennifer, who was then Namcor’s executive for finance and administration.
Jennifer is accused of authorising fuel supplies worth more than N$238 million to Erongo Petroleum CC, owned by Austin, without payment.
State prosecutor Menencia Hinda told the court on Wednesday that the payments were made to secure fuel supplies without settling invoices and to authorise transactions beyond approved credit limits.
Austin and his co-accused Connie Berro van Wyk appeared in court on Wednesday after their arrest by the Anti-Corruption Commission on Monday. Their arrest brings the number of accused to 12. Of the 12, ten are in custody, Lydia Elindi is out on bail, and Victor Malima remains at large.
Austin’s father, Peter Elindi, was among those arrested earlier this month. With Austin and Van Wyk added to the list, the number of charges has increased from 71 to 83.
He also faces a charge of fraud involving N$238.6 million. The state alleges that between December 2022 and May 2023, while acting as a representative of Erongo Petroleum CC, Austin falsely claimed to Namcor that the company had paid for fuel supplies.
The state says Namcor delivered the fuel based on this claim, suffering a direct financial loss. The state believes Austin knew the claim was false when he made it.
He is also charged with theft by false pretences, accused of intentionally misrepresenting the payment status to obtain fuel with the intent to steal. Austin faces an additional charge of conspiracy to commit corruption between May 2022 and November 2023.
He allegedly worked with co-accused Leo Nandago Stefanus and representatives of Enercon Namibia, Eco Trading CC, Panduleni Farming CC, and Quality Meat Supplies CC to obtain fuel without payment and distribute bribes.
On 26 July 2022, Austin allegedly transferred N$350,000 from Erongo Petroleum CC via Quality Meat Supplies CC to Willemse. The funds reportedly came from Namcor payments to Enercon.
On 20 July 2022, he allegedly laundered N$1.5 million received from Enercon through Eco Fuel Investment CC, which he co-owns with fugitive Victor Malima. That same day, Eco Trading CC allegedly paid N$1 million to Venus Technology CC, which the state says Austin controlled.
The funds were allegedly used for bribes.
On 4 August 2022, Erongo Petroleum CC is alleged to have paid N$10,000 to Dunaiski for authorising fuel supplies above approved limits.
Van Wyk, representing Eco Fuel Investment CC, is accused of receiving N$1.5 million from Enercon on 20 July 2022 and making two large cash withdrawals the next day.
The state says these funds were unlawful proceeds from Namcor payments.
The state believes Austin and Van Wyk conspired with others to secure unpaid fuel and bribe Namcor officials, including its former managing director, Immanuel Mulunga.
On 20 July 2022, Austin allegedly received N$50,000 from Onyeka Clearing and Forwarding CC into his personal account. The state says he knew or should have known the money came from fraud proceeds.
The state also claims Austin controlled N$1.5 million paid to Eco Fuel Investment CC by Enercon between July 2022 and November 2023, knowing it was part of a fraudulent scheme.
The state has previously said some of the stolen funds were used to finance operations of a company owned by Austin.
Austin and Van Wyk are due back in court on 1 August for a bail hearing. The state has objected to joining their bail application with the ongoing one before Magistrate Linus Samunzala, citing the advanced stage of the current proceedings.
Those already arrested in the case include Peter and Malakia Elindi, Mulunga, Willemse, Jennifer and Panduleni Hamukwaya, Dunaiski, and Stefanus.
