Africa-Press – Namibia. Iuze Mukube
The prosecutor in the ongoing N$400 million corruption and fraud scandal alleged to have been committed at the State-owned petroleum company, Namcor, has filed for an application seeking for further postponement of the matter until next year.
The matter was heard last Friday in the Windhoek Magistrate’s Court before Magistrate Esme Molefe.
State advocate Basson Lilungwe submitted that due to the complexity of the matter, the serious nature of the offences and that it involves several accused, postponement is needed for the completion of investigations.
He argued that a comprehensive investigation still has to be done on outstanding critical documentation, bank statements and analysis of bank accounts of several accused.
The advocate indicated that these investigations are crucial before the matter can proceed and that it will prejudice the state if the matter proceeds prematurely.
He further stated that it is unreasonable for the accused to request for the matter to be removed from the roll when the trial involves, not one, but several accused.
He also added that investigations into the tax evasion of Cedric Willemse is still not finalised.
Lilungwe argued that the court to take into account that the matter involves several entities linked to the offences and that investigations into that part is still outstanding.
The advocate indicated that based on the complexity of the matter and that several accused are involved, it would be reasonable to postpone the matter until 26 March 2026.
“Postponement is not being asked unreasonably if regards are taken to the complexity of the case and the number of the accused before the court,” said Lilungwe.
Lawyers representing several accused, Boris Isaacks (Willemse’s lawyer), Mbanga Siyomunji (Jennifer Hamukwaya), and other accused, in concurrence, argued that there was no substantial application seeking for postponement by the State before the court.
They argued that simply requesting for the postponement on the basis that investigations are still not complete, is not a sufficient reason.
The lawyers were adamant that it will be a disservice to their clients for the matter to be postponed for a further four months to proceed when the State had indicated that investigations started way before in 2023.
For the court to grant the state their request it would mean that the matter would have been investigated for two-years and 8-months, they argued.
Pointing out to legal principles, they argued that postponement can only be for six-months, and that the right to a speedy trial, thereby the right to a fair trial, will be infringed upon if further postponement is granted.
They requested for the matter to be removed from the roll and that the State can then take the time to get their house in order.
The question would be whether it is prejudiced to the accused, hence what is the need for him to remain in custody to complete these investigations, they argued.
Lilungwe responded that it was not indicated by the investigating officer specifically to which accused was investigated since 2023 and that the matter cannot simply be removed from the roll simply because the State is not amicable to giving bail to the accused.
“Even suggesting that the matter be removed from the roll, lessens the matter ‘to a pickpocket case’, and that the court should not be brought to fear that there is no substantial application before court,” he said.
The accused are Immanuel Mulunga, Cedric Willemse, Jennifer Hamukwaya, Olivia Dunaiski, Peter Elindi, Malakia Elindi, Lydia Elindi, Panduleni Hamukwaya, Leo Stefanus Nandago, Austin Elindi and Connie van Wyk.
They face charges ranging from corruption, fraud, theft by false pretense and conspiracy under the Anti-Corruption Act and the Prevention of Organised Crime Act (POCA).
All remain in custody except for Willemse, Van Wyk, and Lydia Elindi, who are out on bail.
Magistrate Molefe reserved her ruling on the matter to 03 December 2025.
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