Former ACC investigator blames Namibia’s justice system for unresolved corruption

Former Anti-Corruption Commission (ACC) investigator Werner Ngashikuao says Namibia’s inefficient justice system is to blame for unresolved corruption.

Ngashikuao took to social media yesterday to voice what he described as criticism aimed at ACC director general Paulus Noa by politicians. Noa’s term ends in June.

Independent Patriots for Change president Panduleni Itula says under Noa, corruption has spiked.

“It is not all about Noa and the ACC only. The blame must be equally extended to… the inherently inefficient justice system we have in Namibia,” he says.

Meanwhile, Ngashikuao says neither Noa nor the ACC is the final stop for any case docket, which follows the same routine procedure applied to all law enforcement agencies.

He adds that after any investigation has been completed, a case docket has to be submitted to the Office of the Prosecutor General (PG) for a decision to prosecute or to decline to prosecute the suspect/s in terms of section 31 of the Anti- Corruption Act 8 of 2003.

He says due to the serious shortage of manpower in the PG’s office, the processing of a case docket may take 10 years or more before a decision is reached.

Thereafter, if a decision has been made, he says, the case docket is sent back to the ACC, and the suspect is arrested and brought before the court.

If a decision is made to have the suspect arraigned, he says, the matter is subsequently handed over to the court, and this is where the problem lies.

Ngashikuao says some witnesses may have already died, and in many cases, others become hostile, refuse to testify or fail to show up in court.

“Sometimes, there are issues of lawyers not being available for the trial to proceed and there are postponements to the extent that a case is in court for more than 20 years. This issue of cases being delayed either at the PG’s office or in court demoralises ACC investigators to the core. It is not an easy task to carry out corruption investigations. You face challenges and resistance of all kinds,” he adds.

He clarifies that he is not denouncing the views and opinions of individuals who are critical of the ACC, nor is he exonerating any parties involved in the matter.

Ngashikuao is pleading for a system audit to find solutions to ensure the ACC and courts are effective.

Ngashikuao says manpower has been a serious issue, labour turnover is a reality and it takes at least three to five years to understand an ACC docket. He adds that the unreformed justice system is worrisome, and despite complaints, Namibia has permanent leadership that is not retiring.

Ngashikuao argues that the uncontrolled, poor administrative culture and conduct in the courts has frustrated lawyers.

He says he has been handling dockets for over 20 years, and the justice system – with its lengthy investigations, lack of timelines and no one to hold accountable – is exhausting officials.

“It’s undeniable that we also have salary collectors all over, who are mostly contributing to all these ordeals.”

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