“ACC will never yield to kangaroo courts” – Noah

Niël Terblanché

The Director General of the Anti-Corruption Commission, Paulus Noa indicated that the heads of public enterprises that are accused of funding international trips of the Minister of Higher Education, Training and Innovation, Itah Kandjii-Murangi will be served with summonses to provide sworn affidavits about their alleged corrupt spending.

Noa also confirmed that the institution awaits formal statements and documentary proof from the minister’s accusers.

He added that Minister Kandjii-Murangi will also be served with a summons to depose a statement under oath and confirm that she does not owe the ministry any amount of money.

“The ACC is only in possession of a letter from the Office of the Presidency authorizing the trip, proof of letters by the Personal Assistant to the Minister addressed to the Executive Director, Dr. van Kent, informing him about such trips and request for payment for subsistence and travelling allowances for the Minister and her Personal Assistant, proof of letters written and signed by the Executive Director, to the institutions, requesting for the payments for the specific trips, giving assurance that his Ministry will refund the full money as soon as the Ministry virement the funds for the S&T of the Minister and her Personal Assistant,” Noa said in a statement.

He added that the ACC is also in possession of documentary proof that refunds by the Ministry to the respective institutions were fully honoured.

Noa said that the Executive Director of the Ministry of Higher Education was summoned to ACC Office to submit proof of all correspondences from his office, claim documents, payment transactions and proof of refund to the three institutions.

“Although the ACC is satisfied with the documentary evidence the Executive Director submitted, we will still serve a summons on the respective heads of the three institutions to depose affidavits and confirm proof of the Ministry,” he said.

Noa added that the situation that prompted the Executive Director to reach out to line institutions to pay the travel allowances sounds plausible.

“The short time between the date of request and the travel date was the main reason. To be specific, in respect of the travel to Korea, the letter of request from the Personal Assistant to the Executive Director is dated 28 June 2023, and the 10th Minister of Education and Youth World Forum would be held from 1-11 July 2022. Similarly, the letter of request from the Personal Assistant to the Executive Director is dated 25 July 2023 and the Minister was expected to accompany the President for the State Visits to Jamaica and Cuba from 30 July 2022 to 14 August 2022. In respect of travel to the United Kingdom to attend the Education World Forum, the Personal Assistant’s letter is dated 11 May 2022, yet the event was taking place from 22 to 25 May 2022,” the Director General said in his statement.

Noa said that the government has established financial bureaucratic processes and procedures that must be complied with, for the purpose of accountability and proper management of public funds, before the money is virement from one vote to a relevant vote and payment is transferred into the bank account of the intended official.

“For the Executive Director requesting either the NUST or UNAM to pay the Minister’s travel allowance, while giving assurance that the institution will be refunded, is an internal administrative arrangement between the Executive Director, in his capacity as the Accounting Officer, and the management of the respective institution. Such an arrangement may not be written in the Act of Parliament. It does not constitute corrupt practice which warrants investigation and criminal prosecution unless there is proof that it was done with corrupt intent. In such case, the one that alleges corruption must provide proof to the ACC,” he said.

According to Noa, the documents at the disposal of ACC do not prove that the minister was personally involved in requesting money from the institutions under her watch.

Noa said that the ball is now in the court of the people who accuse the minister of pocketing close to N$1 million from the public enterprises under her control to come forward and provide proof of their allegations.

“The ACC stands ready to investigate and take on any suspect of corruption, without fear or favour, provided evidence gathered to support the allegations,” he said.

Noa said that unless there is a hidden agenda between the minister and people accusing her of corruption, no reason exists for her to be vilified, persecuted, and judged in a public kangaroo court.

“Namibia is governed by the Rule of Law. There are institutions established by laws passed by Parliament with the mandate to investigate corruption, gather evidence and submit cases to the prosecuting authority to decide whether there is merit for prosecution or not. Tarnishing the dignity of a fellow human being and judging her in the public court reduces Namibia, founded on the principles of democracy, the rule of law and justice for all, into a chaotic republic,” he said.
Noa stressed that the ACC will never yield to public pressure to join the bandwagon of vilification, witch-hunting, or the naming and shaming of innocent persons.

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