Renthia Kaimbi
The Judicial Service Commission (JSC) has been forced to restart the search for the next Prosecutor-General after none of the eight shortlisted candidates passed a written assessment, raising fresh questions about the depth of senior prosecutorial talent in the country.
In a statement issued on Tuesday, the Commission revealed that the highest score among the applicants was just 49%, with the lowest at 30% out of a possible 100 marks.
Candidates required at least 50% to pass the assessment.
The assessment, which took place on 8 May 2026, was designed to test legal knowledge, analytical ability, legal reasoning and the practical application of legal principles expected of the holder of one of the most powerful offices in Namibia’s criminal justice system.
The JSC said it had resolved not to advance any of the eight candidates to the public interview stage, concluding that the results did not demonstrate the requisite standard of legal knowledge and competence.
“The Commission determined that the outcomes did not demonstrate the requisite standard of legal knowledge and competence expected of a candidate for this office,” the statement read.
The position has been filled in an acting capacity since the term of former Prosecutor-General Martha Imalwa expired on 31 December 2025.
President Netumbo Nandi-Ndaitwah, acting on the JSC’s recommendation, appointed Imalwa as Acting Prosecutor-General for one year, from 1 January 2026 to 31 December 2026, to ensure the office continued functioning while the substantive recruitment was finalised.
The Commission has now decided to recommence the entire recruitment process and will invite fresh applications, with a closing date of 31 July 2026.
Candidates who took part in the previous round are not barred from applying again.
In a notable shift, the Commission announced that the written assessment in the new process will be conducted on an open-book basis, with certain reference materials made available to shortlisted applicants during the test.
It stressed that this change should not be seen as lowering standards, but rather as reflecting the practical realities of the Prosecutor-General’s role.
“The Prosecutor-General is expected not only to know the law but also to identify, interpret and apply relevant legal sources effectively in resolving complex legal questions,” the statement said.
“The ability to apply and engage critically with such materials rather than to reproduce them from memory is, itself, a core competency.”
The office of the Prosecutor-General is constitutionally mandated to institute and conduct criminal proceedings on behalf of the State, handle criminal appeals before superior courts and exercise oversight over delegated prosecutors.
The Commission noted that the holder must possess a strong and demonstrable grasp of legal principles, prosecutorial functions and criminal justice processes.
Despite the setback, the Commission reaffirmed its commitment to a fair, transparent and merit-based appointment process in line with the Constitution.
The public can now expect a renewed call for applications as the search for Namibia’s top prosecutor resumes from scratch.
