The number of charges in the ongoing NAMCOR corruption case has risen to 71.
The State has not yet fully disclosed the relevant documents to the legal representatives of the accused.
During the morning session, prosecutors indicated plans to submit the outstanding documents and requested a postponement to allow for proper disclosure.
Some defense lawyers opposed this application. Sisa Namandje, representing the Elindi brothers, argued that the State was employing delay tactics and insisted that the bail applications proceed.
Namandje informed the court that his clients had not been informed of the specific crimes they are accused of.
Magistrate Linus Samunzala ruled that the bail hearing should continue as scheduled.
During the proceedings, Namandje stated that the State is using criminal proceedings to resolve what he described as a corporate dispute.
He argued that the arrests were unnecessary and accused the State and its agents of involving the media to influence public opinion.
He questioned the legality of the investigation and alleged that the State had failed to meet judicial standards.
The lawyer for the Elindi brothers claimed there was no evidence to support the $480 million embezzlement allegation and accused the prosecution of fabricating that figure without basis.
Peter Elindi told the court that he voluntarily turned himself in to the Anti-Corruption Commission after learning that authorities were seeking him.
He admitted to being aware of the investigation since 2022 but stated that he did not flee.
Elindi mentioned that he has business operations in Namibia, employs 26 people, and serves as a traditional leader.
He denied any personal wrongdoing, asserting that he acted on behalf of Enercon, where he was a director and chairperson.
He explained that Enercon entered into an agreement in 2022 to supply fuel to the Ministry of Defence, with the contract signed with NAMCOR.
According to Elindi, NAMCOR agreed to purchase Enercon's fuel supply rights for $53 million.
He stated that the first payment of $35 million and a second payment of $18 million were made to Enercon’s accounts.
Elindi noted that Enercon was required to transfer the $35 million to Namcor Trading within a day, and they complied.
He also mentioned that Enercon invested $58 million to build fuel infrastructure for the Defence Force, financed by the Development Bank and private entities.
During his bail application, Elindi disclosed ownership of 13 assets, including eight properties and five vehicles, all acquired before 2022. He stated that Enercon was sold in 2023, though the company remains registered in his name at BIPA. He emphasized that he remains active in business and is not a flight risk.
The State maintains its position against bail, citing the seriousness of the case and ongoing investigations.
The bail hearing continues tomorrow.