State prosecutor Advocate Basson Lilungwe has filed reasons why the Windhoek High Court should uphold the bail refusal that was ordered by a Windhoek magistrate.

Lilungwe says that magistrate Linus Samunzala acted correctly when he refused bail to six individuals accused in the alleged misappropriation of funds at NAMCOR. 

He argues that bail applications are not trials, and the court’s role is to assess whether the accused are suitable candidates for release, not to determine guilt or innocence. 

Lilungwe said the accused were aware of the charges, which include fraud, corruption, money laundering, and theft by false pretences, involving estimated sums of around N$400 million.

The High Court is hearing the appeal by Peter Mango Elindi, Malakia Natangwe Elindi, Leo Stefanus Nandago, Immanuel Mulunga, Olivia Dunaiski, and Jennifer Hamukwaya.

The case involves the purchase of nine fuel stations from ENERCON for over N$53 million, which NAMCOR allegedly never received. 

Investigations indicate that ENERCON retained control of the fuel stations, and the magistrate found that the accused could interfere with witnesses, abscond, or otherwise disrupt the investigation.

The State addressed claims of bias, including allegations that media labelling the case as “fuel rot” influenced the court. 

Lilungwe said the magistrate’s decision was based on evidence, not media coverage, and that the accused could not be considered experts in their own case. 

He also noted contradictions in the testimonies of brothers Peter and Malakia Elindi regarding NAMCOR’s asset acquisition and credit policies.

Other points included the role of the Anti-Corruption Commission, which Lilungwe says acted within its powers to investigate and arrest the accused based on evidence.

The State is asking the High Court to dismiss the appeal and uphold the denial of bail.

The appeal proceedings will be heard this Thursday and Friday by the Windhoek High Court.