Martin Endjala
The Ombudsman has declined to investigate President Hage Geingob for allegedly concealing money laundering and theft at a farmhouse in South Africa of President Cyril Ramaphosa, because it does not fall in his mandate, a political analyst said.
The Namibia Economic Freedom Fighters filed a complaint with the Office of the Ombudsman following accusations that Geingob assisted his SA counterpart in the arrest and questioning of individuals who crossed into Namibia after breaking into the latter’s Phala Phala farm in the Limpopo Province.
Approach for comment about Ombudsman Basilius Dyakguha decision, political commentator, Ndumba Kamwenya said the NEFF allegations were politically driven and emotional.
The path taken by NEFF was ‘’very suspicious’’, given that there has been no criminal case opened against Geingob, said Kamwenya.
In an interview with the Windhoek Observer, he opined that he is not surprised by the ruling of the Ombudsman, pointing out that it was as expected, given the NEFF’s largely political and emotional approach.
The political analyst advised that the party could have gone for a more fruitful direction than going for a dead end, adding that rushing into matters of national concern for political expediency without carefully planning its approach will lead to failures such as these.
He emphasized that they could have tabled a motion in the parliament to refer the matter to a
Parliamentary Standing Committee to deal with the issue, given that there is no factuality in the matter alleging that the President was involved nor a case has been launched either to investigate or bring the matter to the attention of the court.
Kamwenyah has advised political parties to avoid running with allegations that are not proven to be factual, saying it will back fire.
Similarly, he stressed that Namibia cannot mimic what South Africa is doing, saying things are done differently in Namibia.
‘’The NEFF needs to stop mimicking the EFF in South Africa, Namibia is different and it must be treated as such”, Kamwenyah advised.
Ombudsman Dyakguha said that in his opinion, no serious violation of the President’s oath of office could be found in terms of Article 29 of the Namibian Constitution.
“In many common law countries, similar to Namibia’s legal system; serious violation of the President’s oath of office is a matter that is entrusted with parliament and not the Ombudsman or any other institution of Government. In the United States of America for example, violation of oath of office is a criminal offence,’’ Dyakguha emphasised.
Commenting on the NEFF complaint letter title, “Unlawful conducts and concealing the acts of money laundering, theft of money at the farmhouse that belongs to the South African president: His Excellency Dr. Hage Geingob”, the Ombudsman said that read together with the first paragraph indicates that the matter is of criminal nature.
Also the area of jurisdiction where the alleged criminal matter had happened is in a foreign sovereign country, South Africa.
Furthermore, the allegations of alleged interrogation, abduction, and or deportation, are also criminal, as the affidavit that was attached and referred to is a subject of criminal matter that will be before a foreign court, Dyakguka explained.
The After complaint the Ombudsman said does not fall within the three categories of the mandates of the office, which are to investigate human rights violations, maladministration and protection of the environment.