Magistrate Olga Muharukua has granted bail of N$200,000 to Cedric Willemse, one of the accused in the alleged multi-million-dollar NAMCOR scandal.

Willemse has also been ordered to report to the investigating officer daily and not to leave the district of Windhoek.

Delivering her ruling in the Windhoek Magistrate’s Court, Muharukua said the court was not convinced that Willemse is likely to interfere with investigations or tamper with evidence.

She said the testimony was from ACC investigator Oberty Inambao, who alleged that Willemse received calls from Victor Malema and Immanuel Mulunga during his arrest, a claim Willemse denied.

Inambao confirmed that no telephone records were obtained to support the allegation. 

Muharukua said the State did not provide credible evidence to substantiate claims that Willemse could interfere with witnesses or ongoing investigations.

She said the applicant bears the onus to show that he will not interfere with investigations, but the State’s objections must be supported by evidence, as they affect the constitutional right to liberty of the accused.

The court found no indication that Willemse poses a serious risk of interference or that bail conditions could not adequately address such concerns.

On the issue of abscondment, Muharukua said the seriousness of the charges and the strength of the State’s case are relevant factors. 

The court noted that Willemse holds dual citizenship of Namibia and South Africa, owns a farm in Namibia valued at N$9 million, and has family members, including his mother, siblings, and two children, residing in Namibia.

She said the existence of an extradition treaty between Namibia and South Africa ensures that the State can bring Willemse before the court if he absconds.

The court found that Willemse is unlikely to flee or evade trial and that the charges are not a sufficient catalyst for abscondment. 

Muharukua said the State’s concerns can be addressed through stringent bail conditions.

“In the premises, the court concludes that the continued detention of the applicant would not be in the interest of justice. As a result, the application for bail by the applicant succeeds,” Magistrate Muharukua said.

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Emil Xamro Seibeb