Rédaction Africa Links 24 with Werner Menges
Published on 2024-03-01 09:07:52
A Senior Anti-Corruption Commission (ACC) investigator, Phelem Masule, was appointed as the commission’s chief of investigations and prosecutions, but his appointment was blocked by Prime Minister Saara Kuugongelwa-Amadhila. However, a judge recently ordered that Masule should be allowed to take up the post he was appointed to, despite an appeal being filed against the decision.
The Windhoek High Court, presided over by Judge Eileen Rakow, ordered that a judgement she delivered in April last year – which overturned the prime minister’s decision to cancel Masule’s appointment – should be executed while the appeal process is ongoing.
Kuugongelwa-Amadhila had set aside the decision of the Public Service Commission (PSC) to appoint Masule as the ACC’s chief of investigations and prosecutions in July 2020, following a complaint about alleged irregularities in the recruitment process. Masule then challenged the prime minister’s decision in the High Court.
In her previous judgement, Rakow noted that according to the Public Service Act, only the president has the authority to vary or reject a recommendation made by the PSC. Despite Masule having only one more month left as an ACC official before his retirement at the end of March, the court ruled in his favor.
It is important to note that Masule’s case highlights the importance of upholding due process and following the established rules and regulations in government appointments. The rule of law should be respected, and decisions should be made in accordance with legal frameworks to ensure fairness and transparency.
Furthermore, the case serves as a reminder of the crucial role that independent judicial oversight plays in ensuring accountability and upholding the principles of justice. Judges play a vital role in upholding the law and protecting the rights of individuals, even in the face of political pressure or interference.
Ultimately, the decision to allow Masule to take up his appointed position is a victory for justice and the rule of law. It demonstrates that no individual or office, regardless of their position, is above the law and that everyone is entitled to a fair and impartial process.
In conclusion, the ruling by Judge Rakow in favor of Phelem Masule underscores the importance of upholding legal principles and protecting the independence of institutions like the Anti-Corruption Commission. It sends a strong message that decisions must be made in accordance with the law and that individuals should not be arbitrarily denied opportunities based on political considerations. This case sets a precedent for future appointments and reinforces the importance of transparency and accountability in governance.
Read the original article on The Namibian
