Justicia Shipena
Former Namcor supply and logistics manager Cornelius ‘Cedric’ Willemse has become the third accused to be granted bail in the Namcor fraud and corruption case. The Windhoek Magistrate’s Court on Tuesday set his bail at N$200 000.
Windhoek Magistrate Olga Muharukua ruled that Willemse’s continued detention was not in the interest of justice.
She said the state failed to present enough evidence showing that he was likely to interfere with investigations or witnesses.
“There is no evidence before this court to suggest a serious risk of interference with investigations or with witnesses,” she said.
“Further, the court is of the opinion that there is no sufficient evidence before this court that bail conditions cannot address that fear of interference.”
Willemse, along with 11 others, faces charges linked to the sale of filling station assets worth more than N$53 million.
The assets were sold by Enercon Namibia to Namcor’s subsidiary, Namcor Petroleum Trading & Distribution, in July 2022.
Last month, the court denied bail to six of Willemse’s co-accused, including former Namcor managing director Immanuel Mulunga.
In July, Magistrate Linus Samunzala granted bail of N$50 000 to Lydia Elindi, the wife of former Enercon owner Malakia Elindi. A month later, co-accused Connie van Wyk was also released on bail of N$50 000.
Willemse was arrested in July on charges of fraud, money laundering, and contraventions of the Anti-Corruption Act.
Muharukua said that while investigations are still ongoing, these factors alone were not enough to deny bail.
She said the state did not provide court records to prove that Willemse communicated with other suspects, including Mulunga, during his arrest.
“The state cannot raise objections and sit back without bringing credible evidence before court to support its objections,” Muharukua said, adding that objections must be serious because they touch on the constitutional right to liberty.
She also took into account Willemse’s personal circumstances. Although he holds dual citizenship in Namibia and South Africa, the court found that his main residence is in Namibia, where his family lives.
Muharukua noted that the extradition treaty between Namibia and South Africa further reduces the risk of him fleeing.
She said the corruption charges were serious, but the state did not show that the charges would push Willemse to abscond.
“The court is not satisfied that the applicant is unlikely to successfully mount a defence against the charges. Therefore, the charges are unlikely to be a catalyst for his abscondment,” she said.
Muharukua said strict bail conditions could address the state’s concerns and concluded that keeping Willemse in custody was not justified.
The state alleges that Willemse, together with his co-accused, defrauded Namcor through the sale of filling station assets at Namibian Defence Force bases and by exceeding credit limits when buying fuel from Namcor through Enercon and Erongo Petroleum without settling payments.
