The appeal against the refusal of bail for the NAMCOR corruption accused persons will be heard in the Windhoek High Court from 14 to 16 January.

The appeal is against a magistrate’s refusal to grant bail.

Justice Philanda Christiaan and Justice Eileen Rakow will hear the matter.

The group, including brothers Peter and Malakia Elindi, former NAMCOR managing director Immanuel Mulunga, and former NAMCOR executive Jennifer Hamukwaya, were arrested in early July and are facing charges linked to the alleged embezzlement of over N$400 million.

Peter and Malakia Elindi, through their lawyer Sisa Namandje, argue that the magistrate treated their evidence unfairly and wrongly branded them as liars.

Namandje says the lower court overlooked key documents explaining the brothers’ business interests, which resulted in an unjust refusal of bail. 

Leo Nandago’s appeal claims the magistrate wrongly placed too much weight on allegations that his former lawyer misled the court, instead of focusing on his bail application’s merits. 

Jennifer Hamukwaya also appealed, arguing that the magistrate misjudged her testimony and failed to properly consider her role at Namcor and her responsibilities as a parent to young children. 

Olivia Dunaiski contends the lower court applied a “one-size-fits-all” approach to all the accused, even though it found her evidence credible.

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Emil Seibeb