Court postpones N$29m DBN-Enercon dispute amid stalled settlement talks
The Windhoek High Court has postponed a case in which the Development Bank of Namibia (DBN) is seeking nearly N$29 million from Enercon Namibia (Pty) Ltd and a group of co-defendants to 19 February. The postponement follows failed settlement talks between some of the parties.
The matter was initially postponed to 22 January to allow the parties to conclude the Rule 32(9) process linked to DBN’s intended summary judgment application, as per a joint status report filed on 19 November 2025.
DBN is claiming N$28 883 752.74 from Enercon Namibia, formerly known as DPF Energy and Minerals (Pty) Ltd, comprising two outstanding loan balances of N$19.4 million and N$9.4 million, after repeated demands issued in April 2023 allegedly went unpaid.
The bank argues that Peter Hango Elindi, Malakia Natangwe Elindi, August 26 Holding Company (Pty) Ltd, Wholesale Purchasing CC, Bonsec Investments 174 CC, Bonsec Investments 175 CC and Rodrigo Antero Pereira Pimenta bound themselves as unlimited sureties and co-principal debtors, jointly and severally liable for Enercon Namibia’s debt.
Under the suretyship agreements, the defendants reportedly undertook to pay any amount owed on demand, waived legal protections ordinarily available to sureties and accepted that a certificate issued by a DBN manager would constitute prima facie proof of indebtedness.
As additional security, Peter and Malakia allegedly ceded Sanlam life insurance policies, each valued at N$8 million, to the bank.
Brothers Peter and Malakia are currently incarcerated, a factor that forms part of the broader context in which settlement discussions and litigation strategy are unfolding.
Properties
DBN has also moved to enforce three surety mortgage bonds registered in 2015 over sectional title properties in Windhoek’s Hochlandpark and City View Apartments.
These include a unit in the Brabant building, used as security, up to N$3.75 million, and two City View Apartments units, each secured up to N$2.59 million, including recovery costs.
Court documents state that none of the bonded properties constitute the primary residences of the respective defendants, a factor DBN relies on in seeking to have them declared specially executable.
The bank further seeks rectification of loan agreements and company records, alleging that an incorrect company registration number was used in earlier documentation.
The bank has asked the Business and Intellectual Property Authority (BIPA) to amend official records accordingly.
The status report reveals that Peter, Malakia, Wholesale Purchasing CC, Bonsec Investments 174 CC and Bonsec Investments 175 CC indicated in November and December 2025 that they were engaged in discussions among themselves about a possible settlement proposal.
However, DBN has not received any formal offer from these defendants, court documents state.
The fourth defendant, August 26 Holding Company, considered the proposal but reported that the engagements did not produce a favourable outcome.
The company has since indicated that it has no further settlement proposals and that the matter should proceed through further pleadings.
DBN and Rodrigo Antero Pereira Pimenta remain in discussions to resolve the summary judgment application amicably.
However, the necessary approvals are expected only in the week of 6 February.
The parties have proposed that the matter be postponed to 19 February for a status hearing.
The matter remains before the Windhoek High Court.
The matter was initially postponed to 22 January to allow the parties to conclude the Rule 32(9) process linked to DBN’s intended summary judgment application, as per a joint status report filed on 19 November 2025.
DBN is claiming N$28 883 752.74 from Enercon Namibia, formerly known as DPF Energy and Minerals (Pty) Ltd, comprising two outstanding loan balances of N$19.4 million and N$9.4 million, after repeated demands issued in April 2023 allegedly went unpaid.
The bank argues that Peter Hango Elindi, Malakia Natangwe Elindi, August 26 Holding Company (Pty) Ltd, Wholesale Purchasing CC, Bonsec Investments 174 CC, Bonsec Investments 175 CC and Rodrigo Antero Pereira Pimenta bound themselves as unlimited sureties and co-principal debtors, jointly and severally liable for Enercon Namibia’s debt.
Under the suretyship agreements, the defendants reportedly undertook to pay any amount owed on demand, waived legal protections ordinarily available to sureties and accepted that a certificate issued by a DBN manager would constitute prima facie proof of indebtedness.
As additional security, Peter and Malakia allegedly ceded Sanlam life insurance policies, each valued at N$8 million, to the bank.
Brothers Peter and Malakia are currently incarcerated, a factor that forms part of the broader context in which settlement discussions and litigation strategy are unfolding.
Properties
DBN has also moved to enforce three surety mortgage bonds registered in 2015 over sectional title properties in Windhoek’s Hochlandpark and City View Apartments.
These include a unit in the Brabant building, used as security, up to N$3.75 million, and two City View Apartments units, each secured up to N$2.59 million, including recovery costs.
Court documents state that none of the bonded properties constitute the primary residences of the respective defendants, a factor DBN relies on in seeking to have them declared specially executable.
The bank further seeks rectification of loan agreements and company records, alleging that an incorrect company registration number was used in earlier documentation.
The bank has asked the Business and Intellectual Property Authority (BIPA) to amend official records accordingly.
The status report reveals that Peter, Malakia, Wholesale Purchasing CC, Bonsec Investments 174 CC and Bonsec Investments 175 CC indicated in November and December 2025 that they were engaged in discussions among themselves about a possible settlement proposal.
However, DBN has not received any formal offer from these defendants, court documents state.
The fourth defendant, August 26 Holding Company, considered the proposal but reported that the engagements did not produce a favourable outcome.
The company has since indicated that it has no further settlement proposals and that the matter should proceed through further pleadings.
DBN and Rodrigo Antero Pereira Pimenta remain in discussions to resolve the summary judgment application amicably.
However, the necessary approvals are expected only in the week of 6 February.
The parties have proposed that the matter be postponed to 19 February for a status hearing.
The matter remains before the Windhoek High Court.
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