Iuze Mukube
Former Namcor managing director Immanuel Mulunga’s legal representative last Friday argued that being the rightful owner of a possession entitles one to dispose of or use it in any manner, without attracting criminal liability.
Lawyer Francois Bangamwabo said Enercon had the right, when they received funds from Namcor in the controversial N$53 million deal, to do whatever they wanted with that money.
He stated that under the law, once money is deposited into one’s account or when an individual acquires an item, such as a car, phone or land, it becomes part of private property.
Bangamwabo made these remarks while cross-examining Anti-Corruption Commission chief investigation officer Oberty Inambao last Friday during the ongoing bail application in the Namcor corruption case.
The lawyer submitted that the money was legally and contractually paid to Enercon from Namcor as part of a valid contract.
He said part of the purchase price, N$35 million, was paid back to Namcor Trading.
He argued that the State’s allegations of financial misconduct are misplaced, as there was no legal basis to restrict Enercon’s use of the funds once the transaction was completed.
Bangamwabo added that it was not part of public money once the contractual obligations were fulfilled.
He said Mulunga acted within the bounds of his authority as a Namcor employee when authorising the deal at the time.
He noted that the two entities agreed to and entered a binding contract, which does not violate the law.
Bangamwabo said there was no misrepresentation, hence the conduct cannot constitute a crime.
On the contrary, Inambao argued that the payment was part of a fraudulent conspiracy in which Namcor paid for assets it never received, while Enercon used part of the funds as proceeds to contravene the Anti-Corruption Act.
He argued that this was not merely the entering of a contract, but a scheme deliberately concocted in which individuals had planned and organised the transaction.
Inambao said the parties involved ensured that steps such as the feasibility study and payment process were followed through to give it an appearance of legitimacy.
He added that documents, such as the feasibility study, had to be in place with the report used to justify the viability of the project, which was then used as the basis for entering the alleged fraudulent contract.
Additionally, Inambao stated that Mulunga should have ensured all these processes and procedures were properly followed.
During Friday’s session, Bangamwabo highlighted the issue of the credit limit exceeding the threshold.
He argued that Jennifer Hamukwaya authorised those limits according to recommendations from the credit committee.
He said Hamukwaya was not acting outside of Namcor’s work policy to authorise those credit limits.
Therefore, she never received the alleged gratification that was deposited into her husband, Panduleni Hamukwaya’s, company, Panduleni Farming, for the smooth purchase of the assets.
The bail hearing continues in the Windhoek Magistrate’s Court today.
–mukubeiuze@gmail.com
Photo: Heather Erdmann