Leaked JSC letter blows lid off PG job race

The process to appoint Namibia's next prosecutor general has come under scrutiny after candidates alleged that the Judicial Service Commission (JSC) tested them on material that fell outside the scope it had provided in preparation for the written assessment.

The controversy follows the commission's announcement that all eight candidates who sat for the assessment failed, forcing the recruitment process to restart.

Candidates were informed on 9 June that they had failed the written assessment, hours before the JSC publicly released a statement confirming the outcome.

Those who participated in the process were Martha Nghiyoonanye, Salomon Kanyemba, Taswald July, Pombili Shipila, Luscious Matota, Henry Muhongo, Ruben Shileka and Martino Olivier.

All had previously been found to meet the constitutional requirements for appointment as prosecutor general.

According to the JSC, the highest score achieved in the assessment was 49%, while the lowest was 30%.

"Having carefully considered the results, the commission determined that the outcomes did not demonstrate the requisite standard of legal knowledge and competence expected of a candidate for this office," the commission said.

However, some candidates have questioned both the content and fairness of the assessment.

Criticism

Namibian Sun has seen correspondence sent to candidates ahead of the 8 May written examination indicating that the commission had provided a preparation scope outlining issues candidates were expected to address.

In a letter dated 24 April and signed by JSC secretary Elia Shikongo, candidates were instructed to prepare for a series of questions relating to the state of Namibia's criminal justice system.

The letter specifically asked candidates to consider criticism that the criminal justice system suffers from excessive delays, insensitivity towards victims – particularly women and children – and an alleged tendency to prioritise the rights of accused persons over those of victims.

Candidates were further invited to reflect on whether such criticism was justified, identify the major challenges facing the system and propose strategies they would implement to improve the delivery of criminal justice if appointed.

Yet some candidates say the actual assessment bore little resemblance to those topics.

"We were given a scope on what to expect. The questions were scenario-based, but none of the information given in the scope came in the written test," a candidate told Namibian Sun on condition of anonymity.

Questions have also emerged over reports that the assessment was substantially similar, if not identical, to the one administered during the previous recruitment process in 2020.

The outcome has left some disillusioned with the process.

Asked whether he would apply again, Kanyemba was unequivocal.

"No, I will not apply again. I hope they get what they are looking for," he said.

Olivier said he had not yet decided whether to re-enter the race.

"The position brings good opportunities, but I have not decided yet. I am still applying my mind to see what to do next," he said.

Shipila declined to comment. "Now is not the right time to comment on this matter," he said. July also declined to comment.

The failed recruitment process has reignited debate about whether Namibia has a sufficient pool of legal practitioners both qualified and willing to take on one of the country's most demanding constitutional offices.

Government attorney Nelao Shilongo-Alexander believes the expertise exists but says the responsibility attached to the position may deter many.

"It is a heavy role to decide prosecution matters and their private lives must be beyond reproach," she said.

Open-book assessment

The JSC has since reopened applications, with the new recruitment round closing on 31 July.

In a significant change, candidates will now be assessed through an open-book examination rather than the closed-book format used previously.

Announcing the revised approach, the commission emphasised the constitutional importance of the office.

"The prosecutor general is constitutionally entrusted with instituting and conducting criminal proceedings on behalf of the State, conducting and defending criminal appeals before the superior courts, exercising oversight and direction over criminal prosecutions undertaken by delegated officials, and performing other functions assigned by law," the JSC said.

The commission added that reference materials would be made available during the assessment.

Critics have interpreted the shift as an implicit acknowledgement that the previous testing model did not adequately reflect the practical realities of the position.

The JSC, however, rejected suggestions that standards had been lowered.

"This approach should not be interpreted as a lowering of the standards expected of candidates," the commission said.

Rather, it reflects the practical realities of the position, where the prosecutor general is expected not only to know the law but also to identify, interpret and apply relevant legal sources effectively in resolving complex legal questions, it added.

The Office of the Prosecutor General has been without a substantive head since 31 December 2025, when prosecutor general Martha Imalwa's term expired.

Imalwa has since been retained in an acting capacity until 31 December to ensure continuity while the recruitment process continues.