Africa-Press – Namibia. Businessman Peter Elindi yesterday debunked the State’s stance on his alleged involvement in fraudulent transactions with Namcor through Enercon Namibia.
He expressed bewilderment over how he ended up facing fraud charges when his former company, Enercon, of which he is no longer the owner since 2023, was engaged in a business relationship with Namcor.
Elindi was testifying in his bid to be released on bail in the ongoing Namcor corruption case at the Windhoek Magistrate’s Court yesterday.
He insisted he never committed a criminal offence but was merely in a legitimate business transaction in his capacity as Enercon’s director over the disputed N$53 million deal with Namcor.
The charge sheet reads that in 2022, Elindi allegedly defrauded and pretended to sell nine service stations to Namcor while these stations were encumbered to the Ministry of Defence and Veteran Affairs due to a 15-year agreement signed in 2016.
By this false pretence, he induced Namcor to pay N$53 million as the purchase price of the nine service stations.
Additionally, he was charged for contravening section for contravening section 34(a) and (b) of the Anti-Corruption Act.
According to the charge sheet, between 20 and 21 July 2022, Elindi allegedly corruptly offered N$2.5 million to Cornelius Petrus Willemse and Jennifer Hamukwaya as an inducement to facilitate the purchase of the nine service stations.
His lawyer Sisa Namandje had a field day on this charge of fraud, accusing the State of manipulating the words in the statutory books of law to fit their narrative.
He focused on the terms inducement and reward in subsections A and B, respectively, of section 34 of the Act.
Namandje said that there are two offences which form part of that section, but his client was never informed which part he contravened.
He added that these confusing allegations made no sense at all – and that some of them did not even exist in law.
Elindi told the court that the State is confused about the nature of the transaction and is misrepresenting the facts, particularly about the disputed N$53 million deal with Namcor.
He stated that what he entered into was a lucrative commercial transaction – not a fraudulent conduct as suggested by the State.
Elindi further stated that Namcor initially agreed on a deal worth N$55 million, but later tried to reduce the figure to N$53 million in an attempt to shortchange Enercon.
He claimed this reduction was motivated by Namcor’s desire to strengthen its relationship with the defence ministry as a preferred fuel supplier.
He also challenged the accusation that he induced Namcor to release the money, arguing instead that the State is twisting facts to suit its narrative, as it was Namcor that wanted the deal.
Elindi named Cedrick Willemse, Olivia Dunaiski and Davis Maposa as Namcor officials who signed off on the agreement, indicating the corporation’s full awareness and endorsement at the time.
He referenced an internal Namcor memorandum from Dunaiski to Immanuel Mulunga, which he claims shows the company had approved the takeover of Enercon’s Namibian assets.
Elindi maintained that this memo supports his position that the transaction was lawful.
He is charged alongside former Namcor managing director Mulunga, Willemse, Hamukwaya, Dunaiski, Malakia Elindi, Lydia Elindi, Panduleni Hamukwaya and Leo Stefanus.
A tenth suspect, Victor Malima, is still on the run.
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