Kafula begs for ACC probe

CITY of Windhoek former mayor Agnes Kafula has begged the Anti-Corruptiom Commission (ACC) director Paulus Noa to investigate her conduct regarding questionable land deals.

In an interesting twist of events, Kafula approached Noa after The Namibian questioned Noa why the controversial former mayor was not being investigated.

The Namibian has also learned that prominent people under the microscope are cleared before ACC investigators have exhausted all possible leads, while ordinary people are nailed, creating the impression that the ACC is indeed solving a lot of cases.

Kafula’s letter addressed to Noa requested the ACC to investigate media reports that she had abused her office by giving land to ‘special’ people in society.

She requested that the ACC should focus on the deal involving Namibian Big Brother Africa winner Dillish Mathews and Elimwena Investment Group cc which her son David Kafula co-owns.

“As an elected public leader and in the spirit of the principle of good governance, public scrutiny, public accountability and personal integrity, I feel duty-bound to request your office to investigate the purported allegations as reported in the media for the past four months,” the letter read.

Noa told The Namibian that a day after visiting his office, Kafula dropped off the letter, telling him that she is not at peace and can’t sleep at night.

“I informed her that I can’t investigate her as a suspect on her own request. We need someone to come forward with information that will implicate her before we can investigate her,” he said.

He requested the public to present information to the ACC to “have a reasonable case”, saying he did not see anything wrong with Mathews requesting Kafula for a plot.

“I invite people who think the mayor has corrupted herself when council decisions were taken to come forward and provide statements under oath to ACC,” Noa pleaded.

Kafula refused to admit that she requested the ACC to investigate her. “He made the request (for people to come forward with evidence). Get all that information from him.”

Noa denied that he is abusing his discretionary powers to shut down investigations when prominent people are involved.

He said it seemed that way because simpler cases are easy to solve, while those assumed to be bigger are complicated and not so easy to prove, if at all.

ACC investigators said the graft agency has a case on its books where a nurse from Windhoek Central Hospital allegedly stole medicine valued at N$50. The case was opened last year and Noa is still pursuing it, while he was quick to close cases involving ministers, senior government officials and businesspeople.

Noa said one can say the nurse case is a small one by looking at the value, but it can have a greater impact on the economy.

“It’s a wrong perception to think corruption only involves big amounts of money. It starts with a N$50 and tomorrow it’s a N$100,” he said, adding that it will result in a shortage of medicine at the hospital if it remains a trend.

He denied any wrongdoing, challenging his accusers to report him to other authorities such as the office of the Police Inspector General and the Ombudsman if they have the evidence against him.

He was adamant that all cases are treated fairly, dismissing any claims that he was giving preferential treatment to prominent people.

An investigator who spoke to The Namibian said that they have no carte blanche to probe and follow leads without Noa’s approval, as would be the case with other forensic investigators at other institutions.

“Noa needs to be investigated,” said an ACC source, adding that most of the investigators are unhappy with his conduct. He is accused of allegedly unilaterally closing cases without consulting investigators.

Investigators accused Noa of warning suspects of investigations against them and coaching them. Again the ACC director rubbished the allegations and demanded proof. “I challenge you to be bold enough to provide information about the names of such prominent persons whom I tipped off to the Inspector General,” he said.

The Namibian understands that some politicians and businesspeople refuse to be interviewed by investigators and at times allegedly tell the investigator that “I have already briefed Noa”.

The ACC director has allegedly tanked at least three cases involving prominent people last year alone. He is accused of closing Kafula’s case, that of Minister of Works and Transport Erkki Nghimtina, and of the Minister of Fisheries and Marine Resources Bernard Esau.

Investigators said Kafula was supposed to be investigated by the ACC after The Namibian reported that she abused her office by favouring Mathews to be awarded a plot in Windhoek at a reduced price. Noa allegedly shut the case. Angry investigators said that he never allowed even preliminary intelligence gathering to take place to assess whether the controversial former mayor had a case to answer to. Noa said his reason is that ACC has not received a complaint on Kafula, so they had no reason to investigate. “For someone to request land from Kafula is not corruption. Why exclusively Kafula and not other councillors?” he questioned, adding that it was impossible for Kafula to single-handedly influence the process in favour of Mathews, because decisions are made by the City Council.

ACC sources said that investigators only found out that the case was closed in the media and that the director had not consulted them, nor had he bothered to inform them. As a result the Nghimtina case remained open on the ACC system at least until last month. Word at the ACC is that Noa closed the case and cleared Nghimtina days after he allegedly received a visit from a prominent politician (name withheld for legal reasons). “I dismiss your allegations that the case was closed after I was visited by a prominent politician,” Noa said, adding that the ACC could not find substance in the allegations against Nghimtina.

Fisheries minister Esau, last year, made headlines for allegedly favouring friends and relatives in the allocation of fishing quotas and appointing a relative to chair a state-owned fishing company. After it reached the ACC, Noa allegedly closed the Esau file within two weeks of it being opened, allegedly without consulting people on the ground doing the actual investigations. Noa said Esau’s case is not closed.

In an age of information overload, Sunrise is The Namibian’s morning briefing, delivered at 6h00 from Monday to Friday. It offers a curated rundown of the most important stories from the past 24 hours – occasionally with a light, witty touch. It’s an essential way to stay informed. Subscribe and join our newsletter community.