Snubbing ACC findings should be punishable - Noa

Outgoing Anti-Corruption Commission (ACC) director general Paulus Noa says Namibia's fight against corruption is being weakened by a legal loophole that allows accounting officers and senior government officials to ignore the commission's recommendations without facing any consequences, even when investigations uncover serious misconduct and losses of public funds.

Speaking on Network Television's The Agenda, which airs on Sunday, Noa said one of the most pressing priorities for his successor should be amending the Anti-Corruption Act to close loopholes that undermine accountability.

Noa said the current law leaves the ACC powerless once investigations reveal misconduct that falls short of criminal corruption but still warrants disciplinary action.

"We have numerous dockets that we have investigated because, when allegations were received by the Anti-Corruption Commission, we were convinced that there were elements of corruption," Noa told The Agenda.

He explained that some investigations, after taking months or even years, ultimately reveal misconduct or maladministration that should be addressed through internal disciplinary processes rather than criminal prosecution.

However, he said many institutions simply shrug off the ACC's recommendations.

"Many of these dockets that we submitted with recommendations have been ignored, and we were not able to do anything because in the law there is no provision which gives power to the Anti-Corruption Commission to follow up and even charge the administrators, the accounting officer or their supervisors for their failure to act on the directive from the Anti-Corruption Commission," Noa said.

He suggested that the law be strengthened to ensure accounting officers and senior officials cannot disregard the commission's findings with impunity.

"There is a need for criminalisation of failure... to act on the recommendations or directives," Noa said. "I have seen other countries have done it. Maybe the whole system will become very, very effective because it's not only about the person who committed misconduct, but it's also the person who says they are not going to act," he added.

Plugging legal gaps

He also called for broader amendments to the Anti-Corruption Act, including the criminalisation of illicit enrichment and the expansion of the ACC's investigative powers to cover offences that currently fall outside its mandate.

As an example, Noa recalled an investigation into allegations of a conflict of interest, in which the official under scrutiny argued they had done nothing wrong because their institution's policies did not address conflicts of interest.

"I remember when we were investigating a certain official in one of the institutions over allegations of a conflict of interest,” he said.

Noa said the person defended their actions by allegedly telling investigators: "‘Since I came to this institution, I have never heard of something like a conflict of interest because our policy is completely silent on conflict of interest.'"

When Noa's team looked at the policy, it turned out to be true.

"There was actually nothing there. This person thought they were doing something that was allowed by the system."

He said the institution later amended its policies to prohibit conflicts of interest and require employees to declare their interests.

Reflecting on legislative changes during his tenure, Noa said amendments to the Prevention of Organised Crime Act at the end of 2023 significantly strengthened the ACC by giving it the authority to investigate stand-alone money laundering offences.

When the law fell short

This was the reason the commission did not investigate the looting of SME Bank, he explained.

"When the SME Bank was looted, the law did not give the ACC the power to investigate direct or stand-alone money laundering cases. That is why we did not get involved," he said.

Following the amendments, the ACC established dedicated divisions responsible for money-laundering investigations, intelligence gathering and forensic analysis.

Despite these gains, Noa said the commission continues to struggle with a shortage of personnel and the loss of experienced investigators to other institutions after investing heavily in their training.

"The ACC's staff complement is still very limited. It remains very small and needs to be increased so that people can work effectively," he said.

He said many former ACC investigators have gone on to occupy senior management positions elsewhere, while the commission continues to lose the expertise needed to sustain complex anti-corruption investigations.

Two decades later

Appointed as the ACC's founding director general in 2005, Noa oversaw the commission's establishment before it became fully operational in 2006, recruiting its first staff, developing its investigative systems and laying the foundation for its operations across the country.

Over the next two decades, Noa led the commission through successive administrations, expanding its mandate from investigating corruption allegations to incorporating specialised functions such as financial intelligence, forensic investigations, and, following legislative amendments in 2023, stand-alone money-laundering investigations.

His tenure also saw the establishment of regional offices, increased public awareness campaigns and the investigation of some of Namibia's most prominent corruption cases.

After nearly 20 years at the helm, Noa's last term ended in June, bringing to a close the longest continuous leadership of any anti-corruption agency in Namibia's history.

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