Justicia Shipena
Anti-Corruption Commission (ACC) chief investigator Orberty Inambao says the plot to defraud the National Petroleum Corporation of Namibia (Namcor) may have started before 2022.
Testifying during the bail hearing of the accused in the N$53 million Namcor asset purchase case, Inambao told the Windhoek Magistrate’s Court that ACC records point to discussions predating 10 May 2022.
Court documents show that by that date, Namcor had already begun preparing to acquire Enercon’s infrastructure.
The deal was signed by former Namcor managing director Immanuel Mulunga on 18 July 2022.
The state alleges the deal bypassed Namcor’s procurement and finance committees.
On Thursday, Inambao, under cross-examination by defence lawyer Sisa Namandje, claimed that the deal formed part of a wider conspiracy involving Enercon, Namcor Trading, and several former Namcor executives.
Namandje questioned a clause in the deal restricting Enercon to only store, handle and distribute petroleum products supplied by Namcor Trading using the assets under acquisition. He argued that this contradicted statements made by the prosecutor.
In response, Inambao questioned why Namcor, after entering into a fuel supply deal with Enercon on 16 March, would buy assets and not use them at all.
” In order for me to quantify that statement, it begs a question as to why would Namcor, after already having entered a fuel supply deal with Enercon, buy assets and not use them at all?”
Namandje accused the ACC of leaking information to the media, which Inambao denied. He maintained that he had tried to shield Mulunga from media attention during his arrest.
However, Namandje claimed Inambao had allowed media presence when Mulunga was detained. Inambao denied this, saying he asked people parked outside Mulunga’s house to leave, claiming they were obstructing justice.
“Mr Mulunga was all along watching from his CCTV camera; I am sure he can confirm that,” Inambao said.
Earlier this week, he told the court that Mulunga was misled into making the N$53 million offer for the fuel storage facility.
Further testimony revealed that former Namcor finance executive Jennifer Hamukwaya had access to Enercon Namibia’s bank account five months before any formal agreement was signed.
The ACC obtained a resolution from 26 October 2021, that authorised Hamukwaya’s access to the account.
Enercon’s involvemnt with Namcor began in November 2021 when it issued a N$5 million credit guarantee.
Between December 2021 and March 2022, Enercon took over N$73 million in liabilities owed by Eco Fuel Investment CC, a company owned by Victor Malima.
A 2 March 2022 resolution confirmed Enercon’s intent to negotiate an exclusive fuel supply deal with Namcor. This was signed on 15 March 2022 and included a N$15.5 million credit facility.
According to the ACC, between 1 August and 4 May 2023, former Namcor employees Willemse, Hamukwaya, and Dunaiski supplied fuel worth N$277 million to Enercon and Erongo Petroleum without following procedures.
Payments were allegedly made to several Namcor employees, including N$10 000 from Austin Elindi of Erongo Petroleum to Johan Dunaiski.
The ACC also alleges that N$950 000 was transferred to Panduleni Farming, a company owned by Hamukwaya’s husband, starting on May 27 2022.
The state alleges that Peter and Malakia Elindi, Mulunga, Willemse, Hamukwaya, her husband Panduleni, Dunaiski, and Lydia Elindi form part of a syndicate that defrauded Namcor of approximately N$480 million.
Malima, also implicated in the case, is believed to have fled to Angola. A warrant for his arrest has been issued.
The bail application continues today before Magistrate Linus Samunzala.
