Justicia Shipena
Fugitive Victor Malima paid a deposit of just over N$900,000 in 2023 for the luxury Audi Q8 he allegedly bought for former National Petroleum Corporation of Namibia (Namcor) managing director Immanuel Mulunga, the Windhoek Magistrate’s Court heard on Friday.
The payment was made before the vehicle was collected in August 2023, months after Mulunga was suspended in April 2023.
Anti-Corruption Commission (ACC) chief investigator Oberty Inambao revealed this information.
Under cross-examination by defence lawyer Francois Bangamwabo, Inambao said the car was financed through a hire purchase agreement in Malima’s name.
He confirmed that in such arrangements, the bank retains ownership until the final instalment is paid.
The court previously heard that Malima allegedly bought the Audi Q8 for Mulunga using proceeds from a multimillion-dollar Namcor-Enercon deal. Malima is accused of receiving N$9.5 million from Enercon Namibia via his company, EcoTrading, before fleeing to Angola just before a stop notice could be uploaded to the immigration system.
State prosecutor Basson Lilungwe said EcoTrading paid for the vehicle and its insurance. The company is suspected of being used to channel funds for personal enrichment and favours, including the SUV allegedly handed to Mulunga and registered under a third party.
Bangamwabo questioned why the state linked the car to Mulunga.
“We know the car is not his. Why don’t you go and check with the bank? Maybe the bank has the car, or Mr Malima took it, or Mrs Kamati took it. Why is Mr Mulunga just a scapegoat? … The only crime he committed was driving the car. But there is no evidence before the court that he knew anything about how the car was bought,” he said.
Inambao replied that Mulunga had possession of the vehicle and its registration was part of disguising the proceeds of offences.
“As far as investigations are concerned… The vehicle was in his possession. As far as the trail is concerned, the registration was part of disguising the proceeds of offences,” he said.
Last week, Hileni Kamati, a cousin of Mulunga, allegedly told the ACC that the N$3.2 million Audi Q8 registered in her name does not belong to her. Prosecutors believe the car was a bribe for Mulunga from Malima, the owner of Eco Fuel. Inambao said Kamati admitted being related to Mulunga but denied ownership. Investigators established that Mulunga regularly took the car for servicing at Audi Centre. Its current location is unknown.
On Friday, defence lawyer Sisa Namandje, representing Peter and Malakia Elindi, said Peter had testified that he had “nothing to do with the establishment or operations of EcoTrading” and that “it’s not his company, and he has nothing to do with it.”
Inambao said evidence showed a connection, noting that the owners of Eco Fuel and EcoTrading were related. He acknowledged Elindi’s name did not appear in company management records but said family ties remained.
“Even if they are having a disagreement, they are still bound by family ties,” he said.
Namandje argued that being related to someone involved in alleged crimes does not make one a criminal. Inambao replied, “I just said they are bound by the ties that they have established… it’s nothing really, basically. But as far as I’m concerned, there were no charges relating to Mr Simaneka using the address of Mr Peter Elindi.”
Namandje also argued that poor agreements do not automatically amount to criminal conduct.
“If a bad deal happened and the government suffers, it doesn’t necessarily and immediately translate into a criminal offence. It may be a civil wrong… because in decision-making, you can make mistakes,” he said.
Inambao agreed but said this case was different because money paid to Enercon was later distributed as kickbacks and gratifications to staff members.
Namandje responded, “It was the alleged payment of a bribe that changed the dynamic from a good deal to a bad deal. And that kills your case, unless you prove bribery against my clients. That’s my last statement to you. You just broke up the state case.”
The ACC claims the plot to defraud Namcor began before May 2022. Court records show preparations to acquire Enercon’s infrastructure were underway by then. The deal was signed by Mulunga on 18 July 2022 without the approval of Namcor’s procurement or finance committees.
The state alleges the deal was part of a wider conspiracy involving Enercon, Namcor Trading, and former Namcor executives.
Between August 2022 and May 2023, former employees allegedly supplied fuel worth N$277 million to Enercon and Erongo Petroleum without following procedures, with payments made to several Namcor staff members.
The ACC alleges N$950,000 was transferred to Panduleni Farming, owned by the husband of former Namcor finance executive Jennifer Hamukwaya, starting in May 2022.
It claims Peter and Malakia Elindi, Mulunga, Kornelius Willemse, Hamukwaya, her husband Panduleni Hamukwaya, Olivia Dunaiski, and Lydia Elindi formed part of a syndicate that defrauded Namcor of about N$480 million.
Malima remains at large and is believed to be in Angola. A warrant for his arrest has been issued.
The bail application continues before Magistrate Linus Samunzala.
