Staff Reporter
THE Prosecutor General, Martha Imalwa, on 28 October 2024 sought a forfeiture order for positive balances in the First National Bank account of Xmuti Investments CC, owned by Denzel Megarneno Mulunga (21), the nephew of ex-Namcor MD Immanuel Mulunga.
Denzel Mulunga is among the four men who were arrested in July this year for theft of fuel belonging to the National Petroleum Corporation of Namibia (Namcor) from trucks.
Namcor reported on 15 February 2024 that it had discovered the potential theft of fuel with an estimated value of over N$1 million, while in transit from the National Oil Storage Facility in Walvis Bay to one of its major bulk clients, Husab Mine. The consignment, however, never reached its destination.
“On 15 March 2024, I obtained a provisional preservation of property order in relation to the property which forms the subject matter of this application. The provisional preservation of property order was confirmed on 19 April 2024. The preservation order was granted by this Honourable Court in respect of the positive balance held in the First National Bank account in the name of Xmuti Investments CC (‘Xmuti’s FNB account’). This application is brought in terms of section 59 of POCA to obtain an order declaring the property, as per the preservation order, forfeited to the State on the grounds that, on a balance of probabilities, the property is the proceeds of unlawful activities, namely: theft, fraud, and money laundering in contravention of sections 4 (b) (i) of POCA,” Imalwa said in an affidavit.
Giving a background of the facts, the PG said that Simeon Nghifikwa Shilongo (the truck driver) was arrested by Nampol on 25 January 2024 and charged with theft and money laundering. The criminal case was opened after Shilongo, an employee of Sky-Way Investment CC in Swakopmund, loaded diesel from Namcor’s national facility in Walvis Bay and never delivered it to Husab Mine.
According to the PG, Willem Schalk Burger, the Manager of Sky-Way in Swakopmund, confirmed that the truck and trailer were allocated to an employee, Shilongo, who had worked for the company for about a year. The truck was allocated to him when he started working at the company, and he had been using it since. All the company trucks are installed with trackers, which he monitors.
“He (Burger) decided to check the tracker for the truck and trailer, and he noticed that on 7 December 2023, the truck was in Walvis Bay all day. The truck was mostly parked at State House Crescent, and on 8 December 2023, the truck went to the Husab Mine. He further noticed that on 25 January 2024, the truck was at Namcor and from there it went to State House Crescent Street, where it parked for a few hours. The truck never went to Husab Mine on this day. He was not aware that the truck loaded diesel on 25 January 2024 and 7 December 2023. State House Crescent is not a delivery point for the company, and the company does not have a client in that area,” the PG said.
She added that Nampol received Xmuti Investments’ FNB account statements. The account received total deposits of N$683,170.51 from 1 February 2023 to 21 February 2024, and a significant single deposit of N$677,790.00 was from NAMOPS’ FNB NAM.
“Mr Shilongo intentionally and unlawfully stole diesel from Namcor with the truck and trailer of Sky-Way under the pretence that the diesel was intended for the Husab Mine, both on 7 December 2023 and 25 January 2024. The diesel stolen by Mr Shilongo was thereafter fraudulently sold to Namops by Mr Malima (a worker for Erongo Petroleum CC) under the false pretence that it was being sold by Erongo Petroleum, while Mr Malima knew, when he provided Namops with an invoice from Xmuti Investments for payment, that the diesel was stolen from Namcor by Mr Shilongo, resulting in actual prejudice to Namcor, the owner of the diesel,” the PG said.