Rédaction Africa Links 24 with Werner Menges
Published on 2024-03-05 11:09:35
A senior Anti-Corruption Commission (ACC) investigator, Phelem Masule, who was denied the position of chief of investigations and prosecutions by Prime Minister Saara Kuugongelwa-Amadhila nearly four years ago, will finally be able to hold the position for only a month before his retirement. This comes after Judge Eileen Rakow ruled in the Windhoek High Court that Masule should be allowed to take up the post he was appointed to in July 2020, before Kuugongelwa-Amadhila intervened and set aside his appointment.
Despite an appeal against the judgement, Rakow ordered that her previous judgement from April last year, setting aside the prime minister’s decision to cancel Masule’s appointment, should be executed. She noted that while the operation of a court order is typically suspended when an appeal to the Supreme Court is noted against the judgement, the High Court can direct that the order should be executed while an appeal is pending.
In her ruling, Rakow emphasized that Masule was qualified for the position, recommended by an interview panel and the Public Service Commission. She also acknowledged that Masule, who will turn 60 in March, will only hold the position for one month before retiring. Rakow expressed doubt about the prime minister’s prospects of successfully appealing to the Supreme Court against her previous judgement.
The controversy began when Kuugongelwa-Amadhila set aside the Public Service Commission’s recommendation to appoint Masule as the ACC’s chief of investigations and prosecutions in July 2020 due to alleged irregularities in the recruitment process. Masule took the matter to the High Court, and Rakow’s judgement found that the prime minister had acted beyond her authority under the Public Service Act, as only the president can reject a recommendation from the Public Service Commission.
Rakow reiterated in her recent ruling that the complaint about the recruitment process should have been addressed by the Public Service Commission, as they are the appropriate impartial body to handle such matters. She emphasized that the prime minister’s role should have been limited to advising the president on the Public Service Commission’s recommendations, rather than making decisions on her own.
Despite the ongoing legal battle, Masule’s quest for justice seems to be coming to a positive conclusion with Rakow’s latest ruling in his favor. This case highlights the importance of following proper procedures and respecting the roles of different governmental bodies in decision-making processes. Masule’s upcoming tenure as the ACC’s chief of investigations and prosecutions, albeit brief, signifies a long-awaited victory in his career.
Read the original article on The Namibian
