Hertta-Maria Amutenja
Phelem Masule, a disgruntled Chief Investigator for the Anti-Corruption Commission (ACC), says a legal dispute with Namibia’s Prime Minister, Saara Kuugongelwa-Amadhila has changed his personal and financial circumstances, in a matter in which he is fighting to have his promotion solidified, after Kuugongelwa-Amadhila reversed it.
The case has been in court since 2020. The former Executive Director of the ACC, Hannu Shipena notified Masule on 16 July 2020 that he had been appointed as the anti-graft body’s Chief of Investigations and Prosecutions after he had applied for the post in 2019 and had been interviewed and shortlisted. Masule was to replace Nelius Becker, who now Heads the Criminal Investigations directorate at Nampol.
Shortly after Masule was notified, the promotion was reversed by Kuugongelwa-Amadhila , prompting him to approach the High Court of Namibia to challenge the Prime Minister’s decision.
‘It has exhausted me so much financially and has changed me in so many ways as a person. You know it is not easy for any individual to fight people in such positions especially when the people involved cannot even be held accountable,” said Masule.
“I have the pleasure of informing you that your promotion as Chief Investigator and Prosecution Grade 3 on a 12-calendar month probation period in this office at the directorate of investigation, Windhoek has been approved,”Shipena’s letter to Masule reads.
The appointment was effective from the start of August 2020.
However, a few days after he was confirmed into the new role on 3 August 2020, Masule received a letter from Kuugongelwa-Amadhila in which she informed him she had set aside his appointment due to a complaint laid with her office about alleged irregularities during the recruitment process.
The following month, Masule filed an urgent application in the high court in an attempt to have the Prime Minister stopped from implementing her decision in reversing his appointment and to have that decision reviewed and set aside. According to the Office of the Prime Minister, the Public Service Commission admitted that the recruitment process was flawed and that the highest-scoring candidate was not recommended because he had submitted incomplete forms in his application.
Masule allegedly came second during the interviews and was given the nod due to his experience.
He added that if given a favourable offer, such as being paid up to his retirement age he would give up the position.
“If I am given an offer that I am happy with, I will for sure leave. For example if they pay me up to my retirement including all my benefits I will gladly leave,” said Masule.
Yesterday, the High Court postponed the judgment in the matter to next week Tuesday. Masule is represented by Shakwa Nyambe of Shakwa Nyambe & Company Incorporated and the state is represented by the government attorney, Mkhululi Khupe.
