Staff Writer
The Anti-Corruption Commission (ACC) says information revealed in the much touted Al Jazeera documentary, which publicly exposed the Fishrot scandal is inadmissible and warned that the body will not succumb to political pressure on how it handles its investigations.
The ACC’s statements, comes after Popular Democratic Movement (PDM) leader McHenry Venaani called out the Anti-Corruption Commission (ACC) in a letter, accusing the corruption busting agency of selective investigations and prosecutions of high profile individuals who have alleged links to the Fishrot saga.
“ACC cannot receive instructions from members of the public regarding the arrest of any suspect of corruption investigation. Whatever actions ACC has taken against the arrested suspects, was not based on the inadmissible Aljazeera documentary you referred to in your letter,” ACC Director General, Paulus Noa said is his letter responding to the leader of the opposition.
“While we respect your right, as a member of the public, to express your opinion on these corruption allegations, we advise you to take note that ACC, in executing its statutory mandate, shall never yield to political pressure, whatsoever, to act in a manner that may not only be unlawful, but also jeopardize our ongoing investigation.”
He said the Fishrot investigations were still on-going , with the ACC’s role only limited to investigating cases of corruption, with the Office of the Prosecutor-General responsible for the prosecution.
“We remain committed to extensively investigate allegations against all potential suspects without discrimination. When found appropriate, a suspect may be brought before the court of law. The Prosecutor-General is the only authority with constitutional and statutory power to decide on criminal prosecution. Hence, the investigation progress and actions taken in the course of investigation can only be communicated to the authority with prosecuting power. Our investigation is still continuing. We are not aware of a selective method of prosecution being employed by the Office of the Prosecutor-General, since our investigation is still ongoing,” Noa said.
The ACC head said the ACC’s actions when it comes to its investigations and actions, are not meant to bow to public pressure, but are based on existing evidence in line with its operating statutes.
“Our investigations are conducted systematically, and only subject to the Constitution of the Republic of Namibia and the Anti-Corruption Act, 2003 (Act NO.8 of 2003, as amended). Actions by ACC including arrests are taken when proven evidence and prevailing circumstances, warrant such specific action, to ensure non-interference with the on-going investigation and not meant to entertain the will of members of the public. Arrest does not serve as a punishment to a suspect, since every suspect is presumed innocent,” he said.
Noa’s response to Venani comes as lawyer, Richard Metcalfe, who is representing former fisheries Minister Bernhard Esau and his son in-law Tamson ‘Fitty’ Hatuikulipi in their bail hearing, questioned why no action had been taken against prominent lawyer, Sisa Namandje.
According to media reports, Fishcor is alleged to have paid N$17,5 million into his law firm trust account in 2015 and 2017, money linked to the Fishrot scandal.
