PG hot potato for Geingob

OGONE TLHAGE







WINDHOEK

All eyes will be squarely on President Hage Geingob who will have the final say on the appointment of the country’s new prosecutor-general (PG), amid ongoing corruption investigations that have tainted both his administration and the ruling party, Swapo.

In terms of Article 88 of the constitution, the president is empowered to appoint a new PG on the recommendation of the Judicial Service Commission (JSC). The incumbent, Martha Imalwa, will vacate the hot seat after 17 years on New Year’s Eve.

Not likely to overturn

Commenting on the soon-to-be-concluded recruitment process for the new PG, retired academic professor Nico Horn said there would generally be no reason for Geingob to dismiss recommendations put forward by the JSC.

“At the moment, everyone is concerned about Fishrot and corruption. In a time like this, the president will not easily overturn the JSC’s decision. The political pressure is such that it will be difficult for him to overturn the JSC’s decision. Even if he does, a review of the decision can be requested.

“I will be very surprised if the president overturns a decision of the JSC,” Horn said.

“The president understands when he has discretionary power and when he has administrative powers.”

Public processes

Institute for Public Policy and Research (IPPR) executive director Graham Hopwood said appointments such as that of the PG, the Anti-Corruption Commision’s (ACC) director-general, the auditor-general and the ombudsman should be held through public processes.

“At the moment, only the chief electoral officer is selected in this way. Ideally, interviews should be conducted in public by an independent panel with opportunities for the public to ask questions. This should become the entrenched way of doing things,” Hopwood said.

The People’s Litigation Centre, a civic organisation that offers legal advice to Namibians who cannot afford access to legal services, said transparency is key in the appointment of the new PG.

“Ultimately, the recommendation rests on the JSC, but we want to see who will be responsible for this important function in criminal practice by assessing their competencies,” chairperson Mathias Haufiku said.

Transparency

On the view that interviews should be open to public scrutiny, Horn questioned whether the law allows it.

“The important thing to ask is: Is there a legal ground to it?” he said.

Horn said an open recruitment process could indicate that the appointment of a new PG was free from political intervention.

“The idea is they want someone neutral, someone respectable and without any political bias. Most of the things being said are cause for neutrality. It is not a bad idea, it would ensure that the PG is not attached,” he said.

“The importance of transparency is paramount, and it is identified in the Lilongwe Principles and Guidelines as an overarching principle that should permeate every stage of the selection and appointment process,” Haufiku added.

“Transparency is a cross-cutting principle that is required to boost the integrity as well as public confidence in the appointment process and subsequently the office itself as an institution,” he said.

According to him, a process removed from public scrutiny gave rise to questions over the legitimacy of appointments.

“In some jurisdictions, there were outcries about the lack of information about the candidates and the criteria used to make these appointments; in Namibia it is no different,” he said.

Relaxed requirements welcomed

Furthermore, Horn said it was not necessary to set the steep requirement of 15 years of experience for those vying for the PG position. According to him, a legal practitioner who had earned 10 years of experience was equally up to the task.

“You do not need 15 years’ experience. 10 years is already a long time if you have been a legal practitioner,” Horn argued.

Commenting on the time limit of the term of office for future prosecutors, Haufiku said a limited time in office would improve corporate governance.

“We believe a once-off seven-year term will be sufficient for effective governance,” he said.

Responding to views raised by the Affirmative Repositioning movement to open up the recruitment process, the Office of the Judiciary said it would pronounce itself on the matter soon.

“The public will be informed once a decision has been made,” spokesperson Ockert Jansen said.

Questionable moves

Namibians have over the past four months witnessed the redeployment of investigator Nelius Becker from the Namibian police’s crime investigation department to its forensics unit.

This was also coupled with the appointment of Tylvas Shilongo, who was formerly with the National Central Intelligence Services, to replace the ACC’s long-standing executive director, Hannu Shipena, at the watchdog.

Geingob had during a press briefing been asked about the appointments in light of the Fishrot corruption scandal, amid perceptions that underhanded moves may be at play to muzzle investigations which have placed former justice minister Sacky Shanghala, former fisheries minister Bernhardt Esau, former Investec CEO James Hatuikulipi, suspended Fishcor CEO Mike Nghipunya, former Investec manager Ricardo Gustavo as well as Hanganeni employee Pius Mwatelulo behind bars.