Staff Reporter
SISA Namandje, the lawyer representing brothers Peter and Malakia Elindi, as well as Malakia’s wife, Lydia Elindi, today poked holes in the Namcor fraud and corruption case made out by the state, saying there was a serious mistake in the charges drawn up against his clients and that their arrest was premature.
Namandje made these sentiments toward ACC investigating officer Oberty Inambao, the lead investigator in the ongoing fraud and corruption matter, in which it is alleged that Namcor lost over N$400 million after the accused breached the company’s credit policy limits and offered fuel on credit to entities linked to the accused in exchange for gratification. It is further alleged that the accused conspired to sell nine service stations to Namcor that had already been encumbered in a nine-year agreement between Enercon and the Ministry of Defence and, as such, could not be sold.
This, the state says, was fraudulently done, as the accused Peter and Malakia Elindi and other co-accused made a misrepresentation to Namcor, causing it to act against its own interests by purchasing the said service stations for N$53 million, from which it would not benefit.
Namandje pressed Inambao on who exactly made the misrepresentation, to which Inambao answered that the misrepresentation was made by the two Elindi brothers to Immanuel Mulunga, the former managing director of Namcor.
Namandje questioned how Mulunga could be a victim of misrepresentation if he himself is in court.
“Companies do not speak; they have to be misled. When they suffer, it is because one of their directors is misled. How was Mr. Mulunga misled? Let’s go,” Namandje pressed on.
To this, the investigator said that Namcor Trading and Distribution, through Mulunga, made an offer to acquire bulk storage facilities (service stations); however, Namcor never enjoyed profits from such assets.
He added that the directors of Enercon, Peter and Malakia Elindi, should have informed Namcor that they were not in a position to sell the service stations.
Namandje also questioned count 32, which alleges that the former commercial manager of Namcor, Olivia Dunaiski, misrepresented to Enercon Namibia (Pty) Ltd that she, as an employee of Namcor, had board approval to purchase the said service stations.
He questioned how Enercon could be a victim of misrepresentation as well if they are accused of fraud in accepting the offer for the purchase of the service stations.
To this, Inambao conceded that there may be errors in the charges, as when they were being prepared, advocate Lilungwe, the state prosecutor in the matter, was coming off sick leave and the charges had been drawn up overnight.
He further added that while they might be faulty, it does not mean a crime had not been committed.
