Prosecutor general ready to handle cases of election fraud

Prpsecutor general Martha Imalwa says her office is prepared to address any allegations of fraud or criminal misconduct related to Namibia’s 2024 presidential and National Assembly elections.

Imalwa says while her office’s mandate does not extend to civil disputes over election results, they remain focused on criminal acts stemming from the electoral process.

“If there are allegations of fraud or any criminal activities, then our office will step in,” she said during a recent interview with Desert FM.

Imalwa said her office already established a policy for dealing with election-related cases before the polls.

This policy addresses incidents such as theft, obstruction of electoral officers, or physical altercations stemming from the election process.

“During the election, I have already, as the prosecutor general, issued a policy relating to how the cases [stemming] from the elections [are dealt with].

“Maybe there is theft, there is obstructing the work of those who are entrusted to manage the polling stations, or people are fighting against one another, or any criminal conduct which is originating from there,” Imalwa said.

However, she emphasised that disputes over election results fall outside her jurisdiction, as these are civil matters to be handled by the Electoral Court.

Imalwa’s remarks come amid rising tensions over the election results, with several opposition parties, including the Independent Patriots for Change, filing legal challenges.

“We already have a policy and because the election has ended, I am now waiting to receive the cases, if any, which have been handled.

But the dispute itself, that is a matter for the civil stream, such as the Electoral Court, which doesn’t fall under my mandate,” Imalwa said.

HUMAN RIGHTS

Imalwa addressed concerns about the rising threats to journalists and activists across Namibia and the continent.

“Any criminal conduct must be reported through the police.

The Office of the Prosecutor General does not have the mandate to initiate or investigate crimes.

Our role is to ensure that rights are protected when criminal cases are brought before the courts,” Imalwa said.

She clarified that cases of intimidation generally fall under civil law, unless they intersect with criminal investigations or court proceedings.

“Intimidation becomes relevant in a criminal case when evidence is being gathered, or if an individual involved in a case – such as a witness – is being intimidated.

In such instances, the prosecutor representing the state can object, and the court must address the issue,” Imalwa said.

On accountability for human rights violations, especially by state officials, Imalwa said her office handles violations that constitute criminal offences.

“If a public official tortures someone, it’s considered assault and subject to criminal prosecution.

Similarly, cases involving murder, rape or other forms of violence fall within our jurisdiction,” she said.

However, Imalwa noted that some human rights violations, such as those seeking interdicts or damages, are civil matters and do not involve her office.

“If someone seeks an interdict to stop unlawful behaviour or pursues damages, that falls under civil litigation and is handled by a different process,” she added.

Meanwhile, speaking on Human Rights Day yesterday, activist Linda Baumann praised Namibia’s commitment to upholding human rights while urging greater efforts to address persistent inequalities and injustices.

“Namibia is known for promoting democracy through good governance, transparency and accountability. There is great protection and respect for human rights here,” Baumann said.

However, she acknowledged that systemic challenges still hinder the realisation of dignity, equality and justice for all.

Baumann identified key areas where human rights abuses occur, including discrimination against minority groups, workplace exploitation and gender inequality.

She highlighted the labour sector as a critical area for reform.

“There is a great level of exploitation in the labour sector.

People are underpaid, overworked and lack proper social security.

These are basic human rights being denied, often because high unemployment forces individuals to accept any form of income,” she added.