ACC Needs Support for More Teeth

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The latest in the fight against corruption by the Anti-Corruption Commission (ACC) is the completion of investigations into the missing N$100 million of the Offshore Development Company (ODC).

ACC Director Paulus Noa recently announced at a public forum that although investigations into this case have been completed within the borders of Namibia, more needs to be done to track the movement of the money in foreign accounts like in South Africa, the United States, Switzerland and other countries. For this and other developments in the ACC during the year 2007, Surihe Gaomas interviewed Paulus Noa for a more in-depth insight:

Q: On December 5 this year, Namibia joined the rest of the world in commemorating International Day Against Corruption for the very first time. What was the significance of this day for Namibia in the fight against corruption?

President Hifikepunye Pohamba was the keynote speaker at that event. Although we commemorated the day on the 5th, the event is officially marked by the United Nations General Assembly on the 9th of December as the International Day Against Corruption.

It was in December 2005 that countries ratified the adoption of the UN Convention Against Corruption on October 31, 2003. The Convention was then opened for signature in Merida Mexico from 9 to 11 December the same year and again on December 9, 2005 at the United Nations headquarters.
On its part, Namibia signed the Convention on December 9, 2003 and ratified it on April 27, 2004.

Now the purpose of the day for Namibia was therefore to raise awareness among the public and encourage them to join in the fight against corruption.
All of us must take responsibility in this venture. As Namibians, we took part in the commemoration for the first time. We all become victims of corruption and therefore we must all take part in rooting it out.

Q: About a year ago, President Pohamba officially commissioned the ACC into existence. Now when looking back, how much progress has the anti-graft body made in handling, and dealing with, corruption cases with the current laws and structures?

We are really making progress. If you look at the Corruption Perception Index of Transparency International, last year Namibia’s score was 4,1, now this year the number is 4.5 in the effectiveness of fighting corruption.

Internationally, people have seen Namibia as a small country, but which has made considerable efforts to fight corruption. All the laws that we have now are also aimed to fight money laundering, organised crime and corruption.

These are the Anti-Corruption Act No. 8 of 2003, Prevention of Organised Crimes Act, Financial Intelligence Act No. 3 of 2007, which is aimed at curbing money laundering and the Tender Board Act aimed at transparency and accountability.

So far this year, we have dealt with over 1 600 cases ranging from all kinds of corruption. We also have very good supporting structures and agencies in place, like that of the Ombudsman’s Office, which is responsible to investigate corruption cases as well.

We have the Office of the Auditor General, the Public Service Commission, the Prosecutor General’s Office and the Namibian Police.
This year, we have dealt with a lot of cases, which we submitted to the Prosecutor General’s Office after completing investigations. Some cases we also referred to certain institutions to verify.

Q: The ACC is still being seen in the public eye as a “bulldog without teeth” to fight crime effectively. Why is it that we only hear about certain “small fish” being arrested, but not so much the “bigger fish” like in the case of ODC, Social Security Commission and what about the Presidential Commission of Inquiry reports?

We deal with all corruption cases whether it is small or big. It’s a matter of gathering enough evidence and thorough investigations, so we look at every case reported to us.

As for the ODC case, that one was already found to be under police investigation, but on our part we have found out that some of the affected people are outside the country.

The law says that if a national of this country commits corruption outside the country, he or she will be prosecuted in both countries. There is nowhere to hide. Some of the people who are involved in the ODC case are foreign nationals.

The missing millions have been moved from accounts in South Africa, the United States, Switzerland and other countries, which hampers ACC investigations. We don’t want to do rushed investigations just because of public pressure.

These are protracted proceedings and can take even between three to five years. As for the SSC case, we are close to finalising that one too and will soon hand over the report to the Prosecutor General’s Office for prosecution.

With the Presidential Commission of Inquiry reports, you don’t handle such cases piece-meal, but rather on a full scale. We are busy with so many major cases, but these specific cases take time to conclude. We want to do something very productive and professional.

Q: What are the major achievements of the ACC in fighting corruption?
We have made a lot of achievements. We are approached by various institutions for wrong corrupt systems or those that disobey the rules and regulations of the laws.

We have not heard of siphoning in Namibia and people have come to realise that the ACC is not here to play games. Having started with only myself as Director and my deputy Erna van der Merwe a year ago, we recruited 10 highly experienced investigation officers who have been trained in countries like Hong Kong, China, Botswana and Swaziland.

The purpose of training them is to build capacity. With the ever-growing technology, investigators have to keep abreast and not be tricked by corruptors.

The commission is only one year and a couple of months old. It is likely to be one of the youngest in the region, but by the look of things, we are on a very fast track. We are looking forward to public support because their information on corruption is what we mainly work on.

So, I believe the public should not undermine the ACC or demoralise it while it is still growing. It should be strengthened to gain more teeth to bite.
Q: What are the major challenges facing the anti-graft body at this moment?
There is a need to increase the staff complement of the commission, especially in the investigation office.

Just investigating one case takes a long time and it cannot be done in a day or in a rush. Another challenge is that we still don’t have suitable office accommodation. We need a well-fortified building where not even a small document goes missing.

Q: Any new plans for the New Year?
As from next year (2008), we are also planning to decentralise the commission so that the ACC goes to the people on the ground. In that way, people will be able to report corruption and corrupt practices within their respective regions.

I strongly urge the public to continue reporting any corrupt cases to the commission. Corruption in essence is a worldwide problem. It is estimated that every year, over US$1 trillion is paid in bribes with devastating consequences, particularly in developing countries.

Furthermore it cripples public revenue for essential goods and services and increases public spending.