African Union Advisory Board visits ACC Offices

Members of the African Union Advisory Board on Corruption are in Namibia to evaluate the
implementation of the African Union Convention on Preventing and Combating Corruption.

The delegation, led by Hon Pascal Bamouni, made a brief visit at the Anti-Corruption
Commission as part of their evaluation mission to familiarise themselves with the work of the

During their visit at the Anti-Corruption Commission, the delegation heard from the Head of
Investigation that the Commission has since its inception received a total of 6364 complaints, of
which 2456 or 39 percent were identified for investigation or preliminary investigation had been

Of the 2456 cases investigated, 1969 cases were dealt with, resulting in an overall clearance rate
of 80%. 2619 cases or 41% of the cases were summarily closed and 1289 or 20% of the cases
were referred to other institutions.

During the 2017/2018 financial year which ended on 31st March 2018, the Anti-Corruption has
referred 63 cases to the Office of the Prosecutor-General for decision in terms of section 31 of
the Anti-Corruption Act, 2003. Of the total 63 cases submitted to the Prosecutor -General
during the year under review, only one case has been finalised, resulting in conviction, while 32
cases or 49% of the cases are currently before court.

The Prosecutor-General declined to prosecute on three cases or 5 % of the cases, while 6 cases
or 10% of the cases are with the Directorate of Investigation to comply with further instructions.
In addition, 22 cases or 35% of these complaints are still awaiting Prosecutor-General’s decision.

Meanwhile, Head of Public Education and Corruption Prevention Ms Namupa Nengola also
briefed the delegation on the work of her

She stressed that the Directorate is entrusted with the responsibilities of preventing the
occurrence of corrupt practices by examining the practices, systems and procedures of public
bodies and private bodies.

Furthermore, the Directorate also educate the public on the dangers of corruption, enlisting and
fostering public confidence and support in combating corruption by engaging stakeholders
through seminars and workshops.

She however pointed out that during this financial year, emphasis is being directed to the
implementation of the National Anti-Corruption Strategy and Action Plan 2016-2019 as the
limited staff compliment of the directorate is currently serving as Secretariat for the
implementation of the strategy.

The delegation was impressed with the work of the Commission, but wanted to know what
power does the Head of State has to remove the Director -General from his portfolio.

In response, ACC Director-General Paulus Noa told the delegation that while the Act empowers
the President to nominate the Director-General and the Deputy Director-General for the
portfolio and recommend to National Assembly for his/her appointment, he is not in a position
to recall him/her directly but rather suspend him/her and notify the Chief Justice. The Chief
Justice after consultation with Judicial Service Commission must appoint a board to inquire and
submit a report with recommendation to the President. The President will then forward a report
with recommendation to the National Assembly, who, if there are basis for removal, will do so
after a resolution to do so is passed by the National Assembly.

“It is a process which does not leave the removal at the mere prerogative discretion of the
President” says Noa.

The African Union Convention on Preventing and Combating Corruption has the objective of
promoting and strengthen development in Africa by each State Party, of mechanisms required to
prevent, detect, punish and eradicate corruption and related offences in the public and private
sector, the African continent, as well as establishing necessary conditions to foster transparency
and accountability in the management of public affairs.