The Elindi brothers have taken their fight for freedom to the Windhoek High Court, arguing that the magistrate who denied them bail treated their evidence unfairly and branded them liars without justification.

Their lawyer, Sisa Namandje, says the magistrate adopted a hostile approach when he considered the brothers’ version. 

Namandje argues that the court focused on minor errors and ignored documents that explained the brothers’ business interests, leading to an unjust refusal of bail. 

According to Namandje, the court failed to look at each accused person on their own facts and instead punished Peter and Malakia Elindi for mistakes that were not deliberate.

The Elindi brothers are among several people accused in the alleged multi-million-dollar corruption involving Namcor.

All accused in the matter have now filed notices of appeal against the decision of magistrate Linus Samunzala, who denied them bail in September.

Leo Nandago, in his appeal, argues that the magistrate placed too much weight on claims that his former lawyer misled the court, instead of focusing on the strength of his bail application.

Jennifer Hamukwaya has also appealed, saying the court wrongly found that she contradicted herself and failed to consider her role at Namcor, as well as the fact that her young children are without parental care.

Both Nandago and Hamukwaya have since changed their legal teams, with Hamukwaya now being represented by lawyer Mbanga Siyomunji, while Nandago will be represented by Katjaerua Incorporated.

Olivia Dunaiski argues that the magistrate did not adequately evaluate her case based on its unique facts. 

In her appeal, she says the court took a “one-size-fits-all” approach to all the accused, despite finding that she was truthful in her evidence. 

Magistrate Olga Muharukua has granted bail of N$200,000 to Cedric Willemse, another accused in the matter. 

The State has already indicated that it intends to appeal the decision to grant Willemse bail.