Defence lawyers made their closing arguments in the ongoing NAMCOR bail proceedings before Magistrate Linus Samunzala at the Windhoek Magistrate's Court.

The lawyers have questioned the basis of their clients' arrests and the quality of evidence presented by the Anti-Corruption Commission.

 Rounding up his argument with admissions by the investigating officer, Sisa Namandje, representing Peter and Malakia Elindi, said Oberty Inambao conceded under cross-examination that the applicants were not arrested because they were flight risks or that they would potentially interfere with investigations or pose a danger to society. 

Namandje said the officer also admitted that there were errors in the charges due to time constraints, with some charges missing essential elements under the Anti-Corruption Act and the Prevention of Organised Crime Act. 

He added that Inambao acknowledged that the Assets Purchase Agreement and Fuel Supply Agreement were legitimate transactions and that there was no evidence linking the Elindi brothers to the payment of bribes.

The defence lawyer described the state's case as incomplete and asked the court to release them on a warning or grant bail of N$50,000 each.

Francois Bangamwabo, representing former NAMCOR managing director Immanuel Mulunga and former finance executive Jennifer Hamukwaya, argued that Inambao was unreliable, urging the court to disregard his evidence. 

Bangamwabo maintained that his clients never received funds in their personal accounts, a fact confirmed by Inambao.

He said no documentary proof was presented to show that a luxury car allegedly bought by fugitive businessman Victor Malima belonged to Mulunga.

Gilroy Kasper, representing Olivia Dunaiski, told the court that the ACC's investigation was one-sided and excluded the accused. 

Kasper pointed out anomalies, making reference to Dunaiski, who is accused of receiving N$10,000 but had to apply for bail, while Enercon CEO Connie Van Wyk, who is accused of receiving N$1.5 million, was released without a formal application. 

Ileni Gebhardt, representing Leo Nandago, said there were no factual disputes in her client's case and that the ACC had presented limited evidence against him. 

She said that though Nandago faced the same allegations as Van Wyk, she had to make a formal bail application, arguing it would be inconsistent to treat the cases differently. 

Nandago is accused of paying N$500,000 to Panduleni Farming CC, which the State alleges were proceeds from NAMCOR.

Advocate Basson Lilungwe will submit the state's closing arguments on August 22.