By Ester Mbathera
Copyright namibian
Anti-corruption commission (ACC) officials are said to be frustrated that 98 cases remain parked at prosecutor general (PG) Martha Imalwa’s office, with some dating back to 2016.
This was confirmed yesterday by ACC director general Paulus Noa.
Cases on Imalwa’s desk include the SME Bank matter (N$247 million), the Namibian Airports Company (NAC) (N$360 million), the national fuel storage tender built for N$5 billion, and a Chinese health medicine container tender worth N$7 million, which are awaiting a decision on whether to proceed or not.
Noa said thus far the PG’s office decided to prosecute 145 corruption cases that are now pending hearings in criminal courts.
“There is progress in terms of decision, though courts are overloaded with criminal cases including corruption,” said Noa. A source familiar with Noa’s thinking says he is being diplomatic in his answers.
The person says Noa has been frustrated over the years with the lack of pace in some of the cases and has written letters to Imalwa every year.
“Due to the shortage and some inexperienced investigators at ACC, cases take too long to finalise. One case may take five to 10 years to complete. After completion it’s then sent to the PG and then the PG takes longer than that, the same docket will still be in court for some years and this is how most cases die. Mostly because; both the investigator and witnesses forget, witnesses can relocate or die, some witnesses become hostile to be amenable to testify after such a long time,” a former ACC investigator, who chose to remain anonymous, said yesterday.
Noa did not confirm challenges or frustrations his office has in ensuring that these cases are prosecuted.
Imalwa did not respond to questions sent to her. She has over the years earned praise for her stance on the Fishrot case, but with her term ending in December, the case risks not starting under her watch.
In 2019, Imalwa rubbished claims that she has been sitting on cases and failing to prosecute major corruption cases in the country, daring anyone with proof of these claims to come forward.
“Is it because I am a woman? Is it because I came from an unknown family or is it because of what? I am from a subsistence farmer, my father, my mother is a housewife. I need somebody to tell me why Martha Imalwa? Am I not performing? If I am not performing, where am I not performing?” She asked. She further defended herself, saying she was not incompetent as widely perceived.
OUT OF TIME
Critics say Imalwa does not have much time to attend to the pending cases.
Political analyst Rui Tyitende says delays in deciding on corruption cases is expected of the country’s justice system.
“Namibians will not miss her. I think it goes without saying that Namibians will also not miss Noa once he departs from the tentacles of power from the ACC. Because in the court of public opinion, they have definitely done an injustice to the way justice ought to be brought about,” he says.
According to Tyitende the two have been singing the right chorus, but have failed in terms of their implementation of what it is that the Namibian parliament wants them to do.
He claims that most cases, especially those involving influential people have been delayed.
Imalwa did not respond to questions sent to her.
The Namibian wanted to know, given her remaining period in office, will she be able to attend to the cases and what measures she is putting in place to fast-track the handling of the cases.
The Namibian also wanted to know what challenges her office faces in processing the cases. Political analyst Ndumba Kamwanyah says although she managed to make a decision in high profile cases such as the Fishrot and the National Petroleum Corporation of Namibia, there are more that have not been taken to courts under her watch.
“She has not done a lot in pushing and fighting to make sure that she represents the public. That’s why we don’t have answers to many corruption cases,” he says.
Some of the pending cases are high-profile, implicating senior government officials or their associates.
For instance the SME Bank case involving the theft of N$247 million has failed to progress to hold those accused of theft accountable.
Last year, the Supreme Court ordered that documents recording the large-scale looting of Namibia’s ill-fated SME Bank should be provided to the PG.
The court made the order in a judgement in which it found that a key figure in the SME Bank, Zimbabwean citizen Enock Kamushinda, and employees in the bank’s finance department looted the bank on a massive scale before the Bank of Namibia took control of the bank in March 2017.
No one was held accountable for the corruption allegations at the NAC.
In 2017, Deloitte implicated then NAC chief executive Tamer El-Kallawi, and engineering department boss Courage Silombela for corruption over the awarding of tenders worth over N$360 million.
The ACC also investigated a N$57 million property deal at the Agro-Marketing And Trade Agency (Amta).
Former Amta managing director Lungameni Lucas was accused of “lacking care and judgement” when he approved several questionable deals at the national agriculture company, including a property deal with businessman Erastus ‘Chicco’ Shapumba.
In 2019, The Namibian reported that three pharmacists were under investigation after a shipping container packed with medicines from a Chinese company was impounded at Walvis Bay.
An investigation by the finance ministry pointed the finger at Fabiola Vahekeni, the ministry of health’s senior pharmacist responsible for procurement at the Central Medical Stores; and pharmacists-cum-businesswomen Naambo Amakutuwa and Meameno Nghikembua.The ACC soon joined the fray. However, that case is still on the PG’s desk.
The national oil storage facility also attracted the eyes of the ACC.
In 2008 the government gave a go ahead for the construction of the national oil storage facility at Walvis Bay. At the time it was estimated to cost N$800 million. However this price escalated to N$5.6 billion dollars. The contract was awarded to a joint venture called CRB, co-owned by China Harbour Engineering Company and businessman Vaino Nghipondoka’s Babyface Civils (Pty) Limited.
Former National Planning Commission permanent secretary Leevi Hungamo and ex-chief legal adviser in the attorney general’s office, Chris Nghaamwa, were accused in this case.
Former attorney general Sacky Shanghala also turned on his business partner Hungamo for failing to protect the state. Shanghala also accused Hungamo of failing to obtain permission from that ministerial committee before awarding the contract. Although Hungamo and Nghaamwa were found not guilty by a government sanctioned disciplinary hearing, the ACC continued to investigate the case. However, it appears, even that case has gone cold.
