Hetta-Maria Amutenja
Anti-Corruption Commission (ACC) chief investigating officer Oberty Inambao told the Windhoek Magistrate’s Court on Wednesday that part of the money allegedly linked to corrupt dealings at the National Petroleum Corporation of Namibia (Namcor) was used to settle a mortgage for former finance executive Jennifer Hamukwaya and her husband, Panduleni. The amount paid towards the mortgage was N$643,000.
Testifying in the bail hearing of the accused in the high-profile fuel fraud case, Inambao said the funds were channelled through Panduleni Farming, an entity solely owned by Hamukwaya’s husband.
“Gratification can actually be received indirectly. In this regard, we know the entity that received funds belonged to the husband of Hamukwaya. We also know that part of that money, N$643 000, was paid to their mortgage, and that is the gratification we are talking about,” he said.
He told the court that N$500 000 was received by Panduleni Farming shortly after Hamukwaya approved a purchase order in favour of Erongo Petroleum. “It is a fact that she approved the payments,” Inambao said.
The defence argued that neither Hamukwaya nor former Namcor managing director Immanuel Mulunga received payments directly from Enercon Namibia.
Inambao said the ACC is an independent body mandated to investigate allegations of corrupt practices. “A crime is a crime. If it is reported and the elements are present, such crimes cannot be thrown away because there is a civil process being undertaken in the civil court,” he said.
He said the investigation found evidence supporting charges of conspiracy, fraud, money laundering, and corrupt practices. “Corrupt practices were reported to the Commission; it was evaluated; hence, the accused were apprehended and brought to court,” he told the court.
During cross-examination, Hamukwaya’s lawyer, Francois Bangamwabo, accused the ACC of acting on Namcor’s behalf to target his client.
“The ACC and yourself have fallen into a trap of Namcor to be used to persecute and victimise my client,” he said, arguing that ongoing High Court litigation between Namcor and the accused was influencing the criminal proceedings.
The state alleges that Peter and Malakia Elindi, Mulunga, Cornelius “Cedric” Willemse, Hamukwaya and her husband Panduleni, Olivia Grace Dunaiski, and Lydia Elindi were part of a syndicate that defrauded Namcor of about N$480 million.
Victor Malima, who allegedly played a role in the transactions, has reportedly fled to Angola and is subject to an arrest warrant.
According to the ACC, between 1 August 2022 and 4 May 2023, fuel worth N$277 million was supplied to Enercon Namibia and Erongo Petroleum without following Namcor’s internal procedures.
The transactions allegedly involved improper credit approvals, cancellation of credit guarantees, and payments to entities linked to Namcor officials.
Evidence presented in court shows that Enercon shareholders include the Elindi brothers, while retired army brigadier James Auala is listed as a director.
The allegations stem from a complaint lodged by a Namcor board member who claimed certain asset acquisitions and fuel transactions were conducted without the company’s knowledge or authorisation.
The bail application continues.
