Iuze Mukube
State advocate Basson Lilungwe, on the onset of proceedings last Friday, accused the Namcor-rot crew of looting public funds for personal gain.
He argued that the large sum involved in the economic crimes levelled against the accused are public funds that were embezzled for personal use and benefit.
He said the substantial amount currently estimated to be involved in the case is approximately N$400 million. Lilungwe made these remarks in closing submissions for the formal bail application for the Namcor corruption and fraud accused. The State opposed the application on several grounds, including the seriousness of the offence, the strength of its case, likelihood of the accused to flee and fear of interference.
Lilungwe submitted that the accused’s charges are very serious in nature, seriousness that should be taken from the economic value of the amount involved and the effect such crimes have on the country.
“Economic crimes such as fraud, theft and money laundering affect each and every citizen because money which is supposed to be used in developing the country actually ends up in the pockets of few individuals. This would amount to what is commonly referred to as economic sabotage,” he stated.
The prosecutor argued that fraud, theft and money laundering are all serious offences and must not be taken lightly.
He pointed out that the applicants operated like a criminal syndicate, who committed sophisticated fraud disguised in contracts.
Lilungwe cautioned the court to take judicial notice of the complexity of the case and effect it has on the country’s economy.
The applicants in the matter were Enercon’s Peter and Malakia Elindi, former Namcor managing director Immanuel Mulunga, Jennifer Hamukwaya, Olivia Grace Dunaiski and Leo Stefanus Nandago.
Lilungwe argued that it was clear Enercon was treated like a special client or favourite child – that despite the huge debts it owed to Namcor, it kept receiving petroleum products.
He said that despite Enercon having had a credit limit of N$15.5 million at Namcor Trading and Distribution, the oil subsidiary kept supplying it with fuel way above the credit limit.
He added that even though Enercon took over the debts of Eco Fuel amounting to N$73 million, in addition to its own debt of N$35 million, it still received petroleum products worth over N$20 million, exceeding its own credit limit.
Lilungwe said that scrutiny of the asset purchase agreement between Namcor and Enercon reveals that the nine home-based service stations in the military bases were built by the Ministry of Defence and Veteran Affairs with their own money and were subject to 15-years’ agreement.
He was arguing against the contention from the defence that the State had a wrong interpretation of the clauses of the contract.
He stated that, as per the agreement, Enercon had no right to sell those assets before 2031.
The investigating officer informed the court that, at present, Enercon still owes Namcor N$65 million, which Lilungwe stated it shows that the executives at Namcor gave Enercon special treatment.
The contention that Dunaiski received N$10 000 in her bank account, hence little involvement in the scheme of things, is contrary to the evidence, said the prosecutor.
He stated that evidence by the investigating officer who testified is that Dunaiski was a member of the credit committee responsible for credit approvals of fuel to customers above their credit limit.
Dunaiski and Hamukwaya were responsible for ensuring that proper internal procedures, such as the credit policy, were followed.
However huge credit limits were advanced to bad debtors such as Enercon, resulting in losses to Namcor. Lilungwe stated that Hamukwaya, as the head of finance and administration as well as chairperson of the credit committee, was supposed to ensure that things were done procedurally.
He submitted that it is not in dispute that the applicants are all citizens of Namibia and have strong ties.
However, that does not mean they will not flee, given the serious nature of the charges.
Lilungwe pointed out that some applicants are former Namcor employees and most of the witnesses are from that institution.
Therefore, they may interfere with the witnesses if released on bail. Lilungwe submitted that the State has shown that the applicants are not good candidates to be released on bail, demonstrating through the testimony of the investigating officer and documentary evidence such as the bank statements of each accused person in this case.
Additionally, there is prima facie proof that the accused persons are implicated in the commission of the offences charged and are interconnected.
Magistrate Linus Samunzala postponed the matter to 26 September 2025 for bail ruling.
Photo: Heather Erdmann