Mulunga demands N$1.6m from Namcor

Incarcerated former Namcor managing director Imms Mulunga, through his lawyers, is demanding N$1.6 million from the national oil company for what he claims were malicious disciplinary proceedings. Mulunga has given Namcor seven days from receipt of the demand letter to make payment or face legal action.

Mulunga, who was among several former Namcor executives arrested in July 2025 in connection with the Namcor–Enercon oil scandal, has been in custody for the past seven months.

According to a letter dated 5 February, addressed to Namcor acting managing director Maureen Mbuende, lawyer Francois Bangamwabo stated that Namcor, through its board of directors and appointed legal representatives, instituted formal disciplinary proceedings against Mulunga in November 2023. The notice, issued on 20 November 2023 by Kangueehi & Kavendjii Inc on Namcor’s behalf, alleged serious fraud, alternatively gross negligence, and alternatively negligence. These charges arose from Mulunga’s role in the transfer of US$6.7 million to Sungara Energies Ltd in August 2022, related to the Sonangol transaction.

The disciplinary hearing was conducted between January and March 2024 under the independent chairmanship of retired Supreme Court judge Gerhard Maritz. Extensive documentary bundles were submitted, and viva voce evidence was led by Namcor to prove its case. On 7 August 2024, Maritz issued a comprehensive written determination dismissing all charges against Mulunga.

The chairperson concluded that Namcor had failed to prove any misconduct on a balance of probabilities and that Mulunga had acted within the authority expressly conferred on him by the board’s round-robin resolution of 19 November 2021. The chairperson noted that any authority vested in Mulunga by the board was “sweepingly wide and general” and that acts performed bona fide within that authority could not be contested.

“None of the disciplinary complaints against the employee have been established by the employer on a balance of probabilities. It follows that all the complaints against him in these proceedings are dismissed,” the chairperson’s determination read.

Bangamwabo argued that the disciplinary proceedings were therefore conducted mala fide, exposing Mulunga to reputational harm and causing serious financial losses of N$1.6 million in legal costs. The lawyers further stated that Namcor’s conduct constitutes malicious prosecution, as it instigated and prosecuted meritless charges despite clear evidence of Mulunga’s compliance with his authority and responsibilities.

“As a direct and foreseeable consequence of Namcor’s wrongful actions, our client incurred legal costs in defending himself during the disciplinary hearing. These costs amount to N$1.6 million, which were paid to his legal counsel. We are instructed to demand payment within seven calendar days of receipt of this letter,” Bangamwabo wrote.

The letter warns that if Namcor fails to act, proceedings will be instituted in the High Court of Namibia without further notice. “All and/or any of our client’s rights, whether arising ex contractu, ex delicto, or otherwise, are and remain fully reserved,” it added.

Separately, Bank Windhoek recently dragged Mulunga to the High Court over N$1.39 million in unpaid debt, seeking to attach and sell his Rehoboth home and repossess a Toyota Tundra following alleged persistent defaults on a mortgage loan and vehicle finance agreement.

Hinda yesterday said she had not yet seen the letter. - [email protected]