MEDIA ombudsman John Nakuta has flagged the Electoral Commission of Namibia’s (ECN) financial dependence on the government as problematic, particulaly given the current arrangement for a monthly release of funds.
In a report released last month, Nakuta argued that this dependence has hampered the ECN’s operations, particularly during election years.
The financial dependence, the report states, severely compromises the ECN as it does not operate its own bank accounts, its budget is subject to treasury adjustments, and payments are controlled by the Ministry of Finance.
“While the commission prepares its own budget, the treasury can adjust it to fit into the available resources.
The chief electoral officer is the accounting officer for the funds of the institution approved by parliament. However, all payments are made by the Ministry of Finance on the submission of receipts,” reads the report.
Nakuta’s office outlined a litany of administrative bottlenecks, where in one instance, payment for service providers sourced from abroad needs to be processed by the finance ministry, while payments for local suppliers are only partly done by offices, ministries, and agencies, with final approval and release of payments done by the finance ministry.
Former ECN chief executive Theo Mujoro had called for the commission’s independence, sentiments that have been echoed by current chairperson Elsie Nghikembua.
Nakuta recommended the amendment of the Public Service Act to classify the ECN as an independent commission rather than a public service agency.
He further recommended granting the ECN full control over its human resources, including recruitment, training, and disciplinary actions and establishing an independent secretariat to reduce reliance on seconded government officials.
The Namibian Constitution establishes the ECN as a permanent, independent institution, entrusted with safeguarding the integrity of the electoral process.
“The Electoral Act reinforces this constitutional mandate by prohibiting any form of interference, direct or indirect, in the commission’s work. Integral to this constitutional independence is financial autonomy, without which an electoral management body cannot effectively function free from external influence or political pressure,” the report notes.
It further states that the ECN’s classification as a public service agency rather than an independent commission is undermined in terms of institutional independence, contradicting its constitutional mandate.
The security of tenure for commissioners is also not adequately protected, potentially threatening impartiality, the ombudsman argued.
“Administrative independence is further compromised by reliance on seconded public service staff and involvement of the Public Service Commission in recruitment, meaning the ECN lacks full control over its human resources.”
The ECN also cannot purchase or own assets, contrasting with international good practices.
The report further notes that the ECN lacks clear, standardised processes for stakeholders to request additional data, hindering transparency and public trust.
