Justicia Shipena
Former National Petroleum Corporation of Namibia (Namcor) executive Jennifer Hamukwaya says a magistrate wrongly concluded that she contradicted herself during testimony.
She stated that the magistrate’s finding is a key element of her appeal against the decision that denied her bail.
Magistrate Linus Samunzala denied bail to Hamukwaya and her co-accused in September last year.
In his ruling, Samunzala said five of the six people accused in the N$480 million Namcor corruption and fraud case lied during their bail testimonies.
Samunzala said this finding was one of the reasons he refused to grant bail to the six accused.
Hamukwaya, in an affidavit filed on Wednesday, argues that what the court viewed as contradictions were clarifications supported by documents and that the magistrate failed to properly assess her evidence and personal circumstances.
On Wednesday, the Namcor bail appeal was postponed after state prosecutor Lilungwe Basson informed the Windhoek High Court that the state was not ready to proceed.
“We filed an affidavit yesterday (Tuesday). In short, we are saying we are not ready to proceed. If need be, I will be able to put the reasons on record,” Basson said.
The accused include the Elindi brothers, Peter and Malakia, former Namcor executives Immanuel Mulunga, Hamukwaya, Olivia Dunaiski, and Leo Nandago.
They are appealing a magistrate’s court decision delivered late last year that denied them bail on fraud-related charges.
In addition to the state’s position, defence lawyers representing Mulunga, Dunaiski and Hamukwaya told the court that they had not filed the required documents within the prescribed time.
Judge Philanda Christiaan instructed all parties to submit the outstanding documents within five days. The matter is set to return to court on 12 and 13 February.
Hamukwaya was arrested on 8 July 2025 and has remained in custody since then.
She is facing charges related to alleged corruption, fraud, theft under false pretences, money laundering, and conspiracy under the Anti-Corruption Act of 2003.
In her head of argument, she states that she brought a formal bail application, which the state opposed on the grounds that she might abscond or interfere with witnesses or investigations and that her release would not be in the public interest.
She argues that the court failed to apply legal principles properly governing bail, including the presumption of innocence and the constitutional protection of personal liberty.
Her legal team submits that bail should not be used as a form of anticipatory punishment and that detention before trial should only occur where the interests of justice clearly require it.
She said her continued detention has disrupted her family life and deprived her children of parental care.
At the time of her arrest, Hamukwaya was working at the Namibia Qualifications Authority (NQA) and was arrested at her workplace.
She previously served as executive for finance and administration at Namcor under a fixed-term contract that ended in April 2023 and was not renewed.
She said she was never subjected to disciplinary proceedings during her time at Namcor.
Central to her appeal is her role in financial decisions at Namcor, including her participation in the credit committee and her role as a signatory to an Enercon petroleum account used to protect Namcor’s financial interests.
She maintains that all actions she took were authorised under Namcor’s credit policy and supported by approved budgets, internal memoranda, and asset valuation reports.
She denies receiving any gratification or personal benefit from the transactions under investigation.
According to her testimony, none of the funds in question were paid into her personal bank account.
She also denied being a member of Panduleni Farming CC, stating that she was only a signatory to the account to assist with administrative payments and that the company is wholly owned by her husband.
Hamukwaya further argues that the magistrate failed to consider concessions made by the investigating officer, who confirmed that no money flowed into her personal accounts.
She also criticises the court for applying a generalised approach to all accusers instead of assessing each applicant’s individual circumstances.
She says there is no evidence that she poses a flight risk or a threat to the administration of justice.
Hamukwaya is asking the High Court to overturn the bail decision and grant her bail under conditions the court considers appropriate.
Her legal team argues that doing so would uphold constitutional values, protect the rights of her children, and respect the principle that an accused person is innocent until proven guilty.
