ACC investigates Sankwasa

 Minister’s company won N$4.9-million contract to disband Agribusdev
 Former agriculture director allegedly helped craft tender terms

The Anti-Corruption Commission (ACC) is investigating an almost N$5-million tender awarded to a company owned by minister James Sankwasa under questionable circumstances in March.

The minister of urban and rural development is facing an investigation into how he teamed up with a former agriculture director, who allegedly helped craft the terms of reference of the tender before retiring in July 2024.

The company, Cha-Cha-Cha Management Consultancy, was hired on an emergency basis in February to shut down the state-owned Agricultural Business Development Agency (Agribusdev) .

The tender also required Sankwasa to oversee staff integration in the Ministry of Agriculture, Fisheries, Water and Land Reform.

Sankwasa is listed as the managing director of Cha-Cha-Cha Management Consultancy.

Documents obtained by The Namibian reveal that the consultancy hired Stefanus Niikondo, the ministry of agriculture’s former deputy director of human resources, to carry out the same duties he was responsible for before retiring in July 2024.

Sankwasa and Niikondo yesterday denied any wrongdoing. This has raised alarm over potential conflicts of interest and abuse of insider information after concerns that Niikondo was involved in the setting of the rules of the same tender.

The ACC said it has summoned the agriculture executive director, Ndiyakupi Nghituwamata to explain.

Ndiyakupi referred The Namibian’s questions to ministry spokesperson Jennifer Paulus, who yesterday said Section 33 (1) of the Public Procurement Act allows a public entity to procure goods, works or services using the direct procurement method in cases of emergency.

“Duly note that this is not the first time we are questioned by the ACC, and it is in the best interest of the public and the entire process if we cooperate. However, this question is best answered by the ACC,” she said.

Niikondo is also set to be questioned by the ACC.

The scope of investigation will then be expanded to Sankwasa, who this week was quoted in Namibian Sun as saying the ACC is “weak and dead”.

FIRE ON FIRE

ACC director general Paulus Noa confirmed the investigation yesterday.

“Yes, we are investigating that case. We have started questioning the officials from the agricultural ministry, including the executive director [Nghituwamata]. We will also question former director [Niikondo] and eventually minister Sankwasa,” he said.

Noa said he agrees with those who suspect the tender was internally orchestrated.

“Unless they satisfy us with their explanation, but this is the same person [Sankwasa] making noise that the ACC is not fighting corruption, yet his company is involved in a clear conflict of interest,” he said. Noa said the ACC is currently engaging officials from the agriculture ministry, “because we don’t want to start by blaming or accusing the company owner; the owner will come last”.

The ACC head said the conflict of interest concerning Niikondo is clear.

“He is doing the same work he was doing in the ministry. I don’t want to conclude yet, but that appears to be gratification if you look at the entire set-up,” he said.

Noa said the executive director has a lot of explaining to do.

“The executive director must tell us who introduced the company to her. And whether she questioned the appointment of a former employee in the consultant company,” he said.

“The executive director is not going to get off the hook easily. She needs to explain how on earth was Sankwasa’s company picked from nowhere without advertising for consultancy work.”

CONSIDERING WITHDRAWAL

Sankwasa said at the time of getting the tender, around 4 March this year, he was a private individual doing consultancy work.

“Between 1997 and 2003, I was a human resources lecturer at the Polytechnic of Namibia. So when a human resources tender comes up, I apply.”

On the use of emergency procurement and his company’s involvement, Sankwasa said: “I have been a human resources consultant. My company was registered in 2003 and has done a lot of training for the government and parastatals.

“When I was appointed at Hardap (as chief regional officer), the company went dormant. After I left Hardap in 2008, it became active again.

“I can send you my credentials. I even trained advocates and government lawyers at the Ministry of Justice and 73 officials from the agricultural ministry through the Namibian Institute of Public Administration and Management.

“I have the experience. The agricultural ministry approached me for the tender, and I submitted my credentials because I am a professional.”

Sankwasa urged Namibians to “learn how to analyse things”.

“I was a villager doing my own things, not linked to the government in any way. I was self-employed. If this happened while I was a minister, I would understand the criticism.

“Even when I was appointed minister, I disclosed everything to the president, including that I was already working on a consultancy tender. If I had been alone on that tender, I would have cancelled it, but we were a team,” he said.

Sankwasa said he was considering withdrawing from the tender.

“I just have to withdraw now. Unless someone says I was not allowed to do business as a citizen, then fine. I told the president, ‘Comrade president, you have appointed me here, but I was already working on this consultancy so you know.’

“I also declared my plot at Katima Mulilo’s communal area. Just because I’m doing what I’m doing now, people must not try to take revenge on me.”

CONFLICT OF INTEREST

Niikondo, the ministry’s former deputy director of human resources, who allegedly helped draft the terms of reference for the consultancy before retiring in July 2024, is accused of being involved in a conflict of interest.

Just months after he resigned, he returned as one of two consultants hired under the new contract, carrying out the same tasks he was responsible for before retiring, including interviewing staff and collecting previously submitted information.

“I am not aware that I am being investigated. No one has come to me,” he said this week.

Documents also show that the consultancy deal was not publicly advertised, but rather awarded as an emergency procurement despite the situation not meeting the legal definition of urgency under the Procurement Act.

Niikondo confirmed that consultancy work under Cha-Cha-Cha Management is still ongoing.

“Yes, work is continuing,” he said.

A whistleblower said the process was deliberately stalled while Niikondo was still in office, only to be revived once he was positioned to benefit directly through the consultancy.

“Conflict of interest? In what sense? No. When I was at the ministry, I was doing other things. When I retired, the matter (closing down Agribusdev) was just left like that.”

It is further alleged that the consulting firm was hand-picked and that the tender was tailored to favour a specific company, raising concerns about premeditated abuse of insider knowledge.

“I didn’t draft the terms of reference for the consultancy work,” said Niikondo.

Sankwasa defended the hiring of Niikondo.

“Niikondo was retired, he was no longer a government employee. In consultancy, you can choose a team you believe will add value to your tender, as long as they’re not public servants.

“On the terms of reference being drafted by Niikondo, Sankwasa said: “That one I wouldn’t answer because I wasn’t there. I don’t know.”

WAR OR WORDS

Sankwasa and Noa have been engaged in a war of words.

Sankwasa said he took it upon himself to confront corruption within municipalities because the ACC has in his view failed to carry out its mandate.

Noa said the commission is not dead and he will prove this.

“These people just have selective morality. Even in his [Sankwasa’s] region, haven’t we arrested people there? But now he speaks nonsense,” he said.

“We don’t want corruption. We want everyone, including him, to fight it. I have no respect for those accusations. It’s absolute nonsense coming from a minister. The accusations are baseless, unjustified, and without merit.”

Noa said for Sankwasa to insinuate that the commission did nothing about the matters he reported to the ACC is not only a blatant lie, but also an attempt to damage the image of the ACC.

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