Namcor-Enercon: High Court sets January hearing for accused bail appeal
Elizabeth KheibesWINDHOEK
The High Court of Namibia has set down the criminal appeal by six accused, including brothers Peter Elindi and Malakia Elindi, against the refusal of bail in a case stemming from fuel supply contracts involving Enercon Namibia, the Ministry of Defence (MoD), and national oil company Namcor.According to court documents, the appeal will be heard before Justices Rakow and Christiaan from 14 to 16 January 2026 in the Windhoek High Court. The appellants are the Elindi brothers, Leo Stefanus Nandago, Iand former Namcor executives Immanuel Mulunga, Olivia Dunaiski, and Jennifer Hamukwaya. The State is the respondent in the matter.
In their written heads of argument, the brothers are challenging both the lawfulness of their continued detention and what they describe as serious misdirections by the magistrate’s court in refusing bail. The documents state that Peter Elindi presented himself to the Anti-Corruption Commission (ACC) on 9 July 2025, while his brother Malakia travelled from northern Namibia to Windhoek to cooperate after hearing unverified reports that he was sought by investigators.
The appeal papers trace the matter to long-standing commercial agreements between Enercon Namibia, formerly DPF Energy and Minerals, and the MoD, including a 15-year exclusive fuel supply agreement running until 2031. Enercon was contractually required to finance and install fuel infrastructure at military bases, costs it was to recoup over the duration of the agreement.
Court records show that in 2022, Namcor conducted two asset valuations, internally and through external consultants, placing the value of Enercon’s fuel infrastructure at between N$53.2 million and N$55.3 million. A feasibility study commissioned by Namcor concluded that acquiring the assets would be commercially viable, particularly if Enercon continued sourcing fuel exclusively from Namcor.
On this basis, Namcor made an offer to purchase the assets for N$53.2 million, allocating N$35 million to reduce Enercon’s debt. The asset purchase agreement, drafted by Namcor’s legal department, expressly authorised Enercon to continue using the assets until 2031, provided it bought fuel solely from Namcor.
The appellants argue that these provisions, and the fact that Namcor initiated, evaluated, and approved the transaction, were ignored by the court a quo. They further contend that subsequent disputes over Enercon’s debt were civil and contractual, subject to arbitration, rather than criminal sanction.
According to the appeal record, criminal proceedings followed an anonymous complaint lodged with the ACC in January 2024, after which Namcor and its holding company instituted civil claims and liquidation proceedings against Enercon and several individuals, including some of those now facing criminal charges.
The High Court registrar has directed prison authorities to confirm, at least 10 days before the hearing, where the appellants are being detained. Both the appellants and the State have also been instructed to file concise statements of argument and lists of authorities in compliance with High Court rules.
The appellants maintain that there was no justification for their continued incarceration pending trial and are asking the High Court to overturn the bail refusal.
The High Court of Namibia has set down the criminal appeal by six accused, including brothers Peter Elindi and Malakia Elindi, against the refusal of bail in a case stemming from fuel supply contracts involving Enercon Namibia, the Ministry of Defence (MoD), and national oil company Namcor.According to court documents, the appeal will be heard before Justices Rakow and Christiaan from 14 to 16 January 2026 in the Windhoek High Court. The appellants are the Elindi brothers, Leo Stefanus Nandago, Iand former Namcor executives Immanuel Mulunga, Olivia Dunaiski, and Jennifer Hamukwaya. The State is the respondent in the matter.
In their written heads of argument, the brothers are challenging both the lawfulness of their continued detention and what they describe as serious misdirections by the magistrate’s court in refusing bail. The documents state that Peter Elindi presented himself to the Anti-Corruption Commission (ACC) on 9 July 2025, while his brother Malakia travelled from northern Namibia to Windhoek to cooperate after hearing unverified reports that he was sought by investigators.
The appeal papers trace the matter to long-standing commercial agreements between Enercon Namibia, formerly DPF Energy and Minerals, and the MoD, including a 15-year exclusive fuel supply agreement running until 2031. Enercon was contractually required to finance and install fuel infrastructure at military bases, costs it was to recoup over the duration of the agreement.
Court records show that in 2022, Namcor conducted two asset valuations, internally and through external consultants, placing the value of Enercon’s fuel infrastructure at between N$53.2 million and N$55.3 million. A feasibility study commissioned by Namcor concluded that acquiring the assets would be commercially viable, particularly if Enercon continued sourcing fuel exclusively from Namcor.
On this basis, Namcor made an offer to purchase the assets for N$53.2 million, allocating N$35 million to reduce Enercon’s debt. The asset purchase agreement, drafted by Namcor’s legal department, expressly authorised Enercon to continue using the assets until 2031, provided it bought fuel solely from Namcor.
The appellants argue that these provisions, and the fact that Namcor initiated, evaluated, and approved the transaction, were ignored by the court a quo. They further contend that subsequent disputes over Enercon’s debt were civil and contractual, subject to arbitration, rather than criminal sanction.
According to the appeal record, criminal proceedings followed an anonymous complaint lodged with the ACC in January 2024, after which Namcor and its holding company instituted civil claims and liquidation proceedings against Enercon and several individuals, including some of those now facing criminal charges.
The High Court registrar has directed prison authorities to confirm, at least 10 days before the hearing, where the appellants are being detained. Both the appellants and the State have also been instructed to file concise statements of argument and lists of authorities in compliance with High Court rules.
The appellants maintain that there was no justification for their continued incarceration pending trial and are asking the High Court to overturn the bail refusal.
Comments
Namibian Sun
No comments have been left on this article