Namibia: MPs Warn ACC Against Selective Justice ... Lawmakers Say Public Trust Depends On Equal Application of the Law

Members of Parliament have challenged the incoming leadership of the Anti-Corruption Commission (ACC) to demonstrate independence, courage and impartiality, warning that the institution's credibility will depend on its willingness to investigate corruption without fear or favour.

The call dominated debate in the National Assembly during discussions on the nomination of incoming ACC Director General Bryan Eiseb and the one-year extension of Advocate Erna van der Merwe's term as Deputy Director General.

Although members from across the political divide expressed varying levels of support for the appointments, much of the debate focused on the expectations

placed on the commission rather than the nominees themselves.

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Among the strongest criticisms came from Swapo MP Tobie Aupindi, who described the outgoing ACC leadership as "minions" and accused them of failing to provide effective leadership.

Speaking during the debate on Eiseb's nomination, Aupindi said the commission still has "work on ice" despite some achievements.

He said the ACC lacked "a substantive leader who could lead an organisation that is fighting for Namibians" and alleged that the commission had been weaponised to settle political scores, harming many lives in the process.

"Some people are arrested; some people are not arrested. Some people are charged; some people are not being charged. Then there is a level of only investigating black people.

Keeping a former director for 20 years was a deficiency... it makes a person heading the institution complacent, and it makes them corrupt too," he said.

Aupindi, who was investigated and prosecuted in 2018 following ACC findings, had his conviction overturned by the High Court.

"...I will call them minions because they have caused harm to me and my family, and no one can convince me otherwise," he told Parliament.

Prime Minister Elijah Ngurare tabled the nominations on behalf of President Netumbo Nandi-Ndaitwah. He said corruption continues to undermine development, weaken institutions and erode public trust.

Quoting the President's inaugural address and leadership vision, Ngurare said corruption remains one of the greatest obstacles to national development.

"Nothing frustrates our developmental efforts more than corruption. Nothing causes more economic sabotage and human suffering than corrupt practices," he said, adding that corruption deprives communities of essential services such as classrooms, medicines and other public resources.

He said institutions mandated to combat corruption must be empowered and led by individuals with integrity, competence and proven experience.

However, MPs from both the ruling party and the opposition stressed that strong leadership alone would not be enough unless the commission consistently demonstrates independence in carrying out its mandate.

Swapo MP Modestus Amutse said the ACC's effectiveness will ultimately depend on whether its leaders uphold four fundamental principles: independence, competence, integrity and courage.

He said commissioners must remain free from political influence, possess the expertise to investigate increasingly sophisticated financial crimes, maintain unquestionable integrity and be willing to pursue allegations regardless of the status of those implicated.

"If we approve weak commissioners, we send the wrong message that corruption can be tolerated," Amutse warned.

Popular Democratic Movement MP Winnie Moongo echoed similar sentiments, saying the office of the ACC director general is among the most sensitive constitutional positions in the country.

She said the commission belongs to the Namibian people rather than any political party or government and must never become either a weapon against political opponents or a shield for those in power.

"The true test of this office is whether it can pursue wrongdoing wherever it exists, regardless of the identity, status or political affiliation of the person concerned," she said.

Moongo also argued that institutional independence must go hand in hand with accountability.

She proposed that the incoming director general present Parliament with a clear strategic plan outlining how the commission intends to strengthen investigations, improve efficiency, reduce delays and rebuild public confidence.

Affirmative Repositioning MP Vaino Hangula reflected on public expectations of the ACC since its establishment two decades ago. Hangula said many Namibians believed the institution would eliminate corruption. Instead, he said, the country has witnessed several major scandals over the years, including the Fishrot corruption case.

"We are weary of the torturous two decades of sweeping corruption under the carpet. We are weary of the net that catches the small fish while the big fish slip through," he said.

While expressing support for Eiseb's nomination, Hangula cautioned that Parliament would closely monitor the commission's performance.

Meanwhile, National Democratic Party MP Martin Lukato questioned the current appointment process.

He argued that international best practice favours broader participation involving Parliament and independent stakeholders rather than executive nominations alone.

He warned that anti-corruption institutions risk losing public confidence if they are perceived to be politically influenced.

MPs emphasised that restoring trust in the ACC will require more than legal powers or institutional reforms.

They said public confidence will ultimately depend on whether the commission consistently applies the law equally to all, regardless of political affiliation or position.

 

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