FIVE YEARS ON: NAMIBIA’S ANTI-CORRUPTION EFFORTS STILL UNDER SCRUTINY
Windhoek, [Date] - As Namibia marks the fifth anniversary of the passage of the Anti-Corruption Act, concerns persist about its effectiveness in combating corruption and mismanagement across all sectors.
The Limitations of the Act
The Act aimed to establish an independent Anti-Corruption Commission to investigate allegations of corrupt practices. However, the Commission’s Director-General has discretionary powers to decide whether or not to investigate alleged corrupt conduct, without providing room for appeal against the decision. This lack of transparency and accountability has led to a few court cases only, despite reports of widespread corruption and mismanagement across all sectors.
The Need for Reform
Experts argue that it is essential to reform governance mechanisms and democratize institutions to ensure meaningful participation from civil society in the fight against corruption. Amupanda highlights the need for a “buffer zone” to protect whistle-blowers and ensure their safety.
Protection for Whistle-Blowers
The Act provides protection for individuals who assist the Commission in investigations, but this has been criticized as insufficient. The establishment of a Whistleblower Protection Act and Witness Protection Act is expected to provide greater safeguards, although these laws have yet to come into force.
Existing Laws and Regulations
- Prevention of Organised Crime Act 29 of 2004: Provides measures to combat organized crime by recovering proceeds of unlawful activities and forfeiting assets used in criminal activity. The Act defines “unlawful activities” broadly, implying that corruption offenses under the Anti-Corruption Act fall within its ambit.
- Financial Intelligence Act 13 of 2012: Establishes the Financial Intelligence Centre, which monitors and supervises controls required to prevent money laundering and terrorist financing. Although not directly focused on preventing corruption, the Centre’s collaboration with the Anti-Corruption Commission and Namibian Police Force is seen as a positive step in combating financial crimes.
Recommendations for Progress
Experts recommend strengthening existing institutions and adopting a “zero-tolerance” approach to corruption across all sectors, including lifestyle audits. The corporate sector is urged to take the lead by reforming its governance mechanisms to contribute to this effort.
The Road Ahead
The battle against corruption remains a long and arduous one, but it is hoped that the next five years will see greater progress towards a more transparent and accountable Namibia.