ACC never bowed to politicians, Noa says

Outgoing Anti-Corruption Commission (ACC) director general Paulus Noa says politicians never once interfered with the commission's work, despite the ACC pursuing cases against senior public officials across several administrations.

Speaking on Network Television's The Agenda, Noa said the commission had remained independent since its launch, even while investigating politically sensitive corruption cases involving ministers and other high-ranking figures.

"There was never a single occasion when a politician approached the Anti-Corruption Commission to threaten us or to stop us from conducting a particular investigation. Not even a single one," Noa said.

He said this held true from the administration that established the ACC through to the current one.

"Starting with the administration of president [Hifikepunye] Pohamba, because remember, it was president Pohamba who appointed us, and then the subsequent administration, up to the current administration – there was never a time when we were intimidated or even advised that, this you should not do."

Noa pointed to the commission's record of convictions against public officials as proof of its independence.

"That is why former ministers are sitting in jail up to now."

Following the evidence

His comments come as several former and current Namcor executives continue to face fraud, corruption and money laundering charges linked to alleged irregular transactions at the National Petroleum Corporation of Namibia.

In March, the Windhoek High Court granted bail to six of the accused after they successfully appealed earlier bail refusals.

Judge Eileen Rakow granted bail of N$50 000 each to Peter Elindi, Malakia Elindi, Immanuel Mulunga and Jennifer Hamukwaya, while Olivia Dunaiski and Leo Nandago were each granted bail of N$20 000. Panduleni Hamukwaya, Jennifer Hamukwaya's husband, was separately granted bail of N$200 000 in the Windhoek Magistrate's Court.

Addressing public perceptions that the ACC only pursued the Namcor investigation after a change in political leadership, Noa rejected the suggestion, saying the investigation was driven solely by evidence.

"The Namcor case is a case we always wanted to get into, but the evidence had not been forthcoming. At some point we received a statement from one of the board members, which gave us a foundation."

‘Doesn’t work like that’

He explained that the ACC cannot simply open investigations based on speculation or public pressure.

"The law is very clear. There must be reasonable grounds that justify a decision that someone must be investigated. In the absence of that, you cannot do that."

Investigators must be able to justify the legal, factual and jurisdictional basis for every investigation before the courts, he explained.

"You don't just decide out of the blue that perhaps we'll get something out of this. It doesn't work like that."

Noa also revisited an earlier investigation involving Namcor's transfer of funds to Angola, saying the commission found no evidence that the money had been stolen or embezzled.

"I established that there was no embezzlement of this money. It was not misappropriated. In fact, it was transferred."

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