ACC, PG welcome lifestyle audits

Ogone Tlhage



WINDHOEK

Director general of the Anti-Corruption Commission (ACC) Paulus Noa and prosecutor-general Martha Imalwa said the fight against corruption would get a shot in the arm with the introduction of Unexplained Wealth Orders (UWOs) regime.

The Financial Intelligence Centre – which falls under the Bank of Namibia - has proposed the implementation of UWOs in a bid to prevent and combat financial crimes in Namibia.

Noa said: “Any effort to introduce UWOs will contribute to the fight against corruption. If it finds its way into our laws, it will contribute. Any effort made to explain how wealth has been obtained will help the fight against corruption.”

He added that the introduction of UWOs in jurisdictions with liberal constitutions eased investigations into corrupt practices, but cautioned that it could be difficult to implement because of Namibia’s stance on property rights.

“The only challenge is that it must not be in conflict with the constitution where property rights are guaranteed,” Noa said.

Tightening of loopholes

Imalwa echoed Noa’s sentiments.

According to her, there was a need for persons to explain their sources of wealth.

“The reason for the introduction of such a change in the law is to tighten all loopholes and make everyone accountable and ensure Namibia does not become a heaven for criminals. Everyone who possesses wealth should be able to demonstrate how he or she earns such wealth,” she said.

FIC said the introduction of lifestyle audits will not be applied retrospectively and will not be used to target certain individuals.

In a statement, FIC head Leonie Dunn said the applicable amendments are still in their infancy.

She promised that lifestyle audits would not target law-abiding citizens or be used for ulterior motives.

“While the specifics of such orders have yet to be developed, it is crucial to note that UWOs may not discriminate against or be applied to a certain race or ethnic group, since this would be unconstitutional. In accordance with comparable enabling legislations, such UWOs are not likely to be retroactively applied.

“In other words, they will be enforceable as of the day they are published in a government gazette,” she said.

Dunn indicated that the Anti-Money Laundering and Combatting the Financing of Terrorism and Proliferation Council -Namibia's principal policy advising body in this regard - has endorsed the recommendation of UWOs on the basis that it be included in the amendment to the Prevention of Organised Crime Act (POCA).

“Following that, it must go through the proper legislative procedure, which includes Cabinet approval for changes to the POCA as well as stakeholder discussions, and then tabling before Parliament.”

No timeline

Despite years of repeated pronouncements about the introduction of lifestyle audits, FIC has offered no timeline on their implementation.

The central bank yesterday said there are currently no timelines in place to finalise the process.

“It should be realised that the proposal for the regime must yet go through a number of processes, including legislative ones. These processes are not in the domain of the FIC and therefore speculating on this timeline is premature at this time,” Bank of Namibia spokesperson Kazembire Zemburuka told Namibian Sun.