Iuze Mukube
Lawyer Francois Bangamwabo, in closing arguments during this week’s ongoing Oil-rot bail application, quashed any suggestion that his clients engaged in fraud or misrepresentation as alleged by the State.
He said the court will not find his clients guilty of fraud because there was no misrepresentation made to Namcor.
Bangamwabo is representing former Namcor managing director Immanuel Mulunga and executive Jennifer Hamukwaya.
He submitted that Namcor cannot claim misrepresentation regarding the authority to enter transactions when that authority, held by Mulunga and Hamukwaya, was granted by Namcor itself. “There was no intention to defraud Namcor. The two entered into the transactions complained of in the course and scope of fulfilling their employment obligations and for the benefit of Namcor,” said the lawyer.
Bangamwabo added that the State does not have a case and there was no fraud, theft by false pretences or contravention of the Anti-Corruption Act by his clients. The lawyer contended that no money was ever paid to his clients.
Regarding the alleged abuse of their position for gratification, Bangamwabo argued that the two merely concluded transactions on behalf of Namcor, which unfortunately did not yield the expected outcomes.
He said this does not make them guilty of contravening the Anti-Corruption Act, as there was no gratification received by the two. He justified that the fact that Panduleni Farming, belonging to Panduleni Hamukwaya, received money from other entities does not mean Jennifer received gratification.
“The money was not paid over to Jennifer. The money Panduleni Farming received should not simply be regarded as gratification without any proof that it was not meant for the entity itself,” argued the lawyer.
He argued that Panduleni receiving funds in his entity from a company that had transactions with Enercon does not mean the money was intended as gratification for his wife.
Bangamwabo argued that there is no evidence linking any of his clients to the possession of proceeds of unlawful activities.
He added that funds received by Panduleni or his business should not be lightly labelled as proceeds of unlawful activities without solid proof that they were not for legitimate business purposes.
Furthermore, he stated that there is no evidence that Mulunga was in possession of the Audi vehicle alleged to have been given to him as gratification from fugitive Victor Malima.
He further argued that the State has proven that there was no conspiracy committed by the accused, pointing out that it failed to prove that the money paid to Panduleni Farming was not meant for business.
The State also failed to prove that the transactions which gave rise to the charges were not simply bad business transactions, which are commonly encountered in business. He submitted that the State does not have a strong prima facie case against his clients.
He said there is a high likelihood that they will stand, will not abscond and will defend the charges to clear their names.
The lawyer added that the accused will not interfere with State witnesses, as they do not know the identity of the witnesses. He concluded that his clients have discharged their onus in proving that they are worthy candidates for the granting of bail. He pointed out that Hamukwaya’s minor children are without parents right now.
On the other hand, the bail hearing of Austin Elindi, Cedric Willemse and Panduleni was postponed yesterday by Magistrate Jurina Hochobes.
This follows revelations that Elindi was admitted to hospital yesterday.
His medical condition remains unknown.This matter was postponed to 25 August 2025 for a bail hearing. The case of Mulunga and others will resume next Friday for the State’s closing submissions.
Photo: Heather Erdmann