ACC investigator holds top post for one month

A senior investigator at the Anti-Corruption Commission (ACC), his appointment as the ACC’s head of investigations and prosecutions was blocked by Prime Minister Saara Kgongerwa-Amadira about four years ago. She can only take the rejected position for one month before retiring.

This comes as Judge Irene Rakow in the Windhoek High Court on Friday allowed ACC investigator Ferem Masleh to take up the role she had been appointed to in July 2020, before suspending Kugongerwa Amadira’s appointment. This was after the court ruled that it should be done.

Ms Rakou ordered that the ruling she handed down last April – setting aside the prime minister’s decision to revoke Mr Masleh’s appointment – be carried out while an appeal against it is pending.

In Friday’s ruling, Mr. Rakow pointed out that with respect to the High Court’s rules, if a court order is granted on appeal to the Supreme Court, the enforcement of that order will be stayed. However, the High Court, if requested, may direct that the order be executed during the pendency of the appeal.

He also said the ruling in April last year took into account that Mr Masleh was qualified for the job he had applied for and that his appointment had been recommended by the interview panel and the Civil Service Commission.

He added that he had taken into consideration that Masleh will turn 60 in March and will effectively hold the post of head of investigation and prosecution at the ACC, which has been vacant since November 2019, for only one month before retiring. .
Rakow also said in his opinion that there was little prospect that the prime minister would be able to appeal the previous ruling to the Supreme Court.

Mr Kgongerwa Amadira deferred the Public Service Commission’s recommendation to appoint Mr Masulet as ACC’s head of investigations and prosecutions at the end of July 2020. This comes after her office received complaints about alleged irregularities in the hiring process.

Mr Masreh subsequently challenged the Prime Minister’s decision in the High Court. In his ruling last April, Rakow found that only the president can change or veto the Civil Service Commission’s recommendations when it comes to civil service law. In her judgment on Friday, she reiterated that it was clear that Kugongerwa-Amadira acted in circumstances where she had no authority to act.

Complaints about the hiring process “should have been decided by the Civil Service Commission because it is an impartial and independent body established to address complaints,” Rakow said.

“They had to make fair and just decisions regarding the promotion of civil servants. should have considered the matter and advised the president,” she said.