High Court strucks ACC investigator’s case against PM

A legal case between the Anti-Corruption Commission (ACC) investigator Phelem Masule and Prime Minister (PM) Saara Kuugongelwa-Amadhila, was on Monday struck from the roll of the Windhoek High Court.

The matter which mainly centred on the alleged removal of Masule as the chief of investigations and prosecutions at the ACC was struck from the court roll in a judgement handed down by Acting High Court Judge Eileen Rakow on Monday morning because the court has no jurisdiction over the case.

A full detailed statement containing the reasons for the removal of the case will be made public on the judiciary’s e-justice system during the course of this week.

In the matter and according to papers presented before the Windhoek High Court, Masule was allegedly promoted to the position of chief of investigations and prosecutions at the ACC on the recommendation of the Public Service Commission (PSC) after applying for that vacancy.

However, shortly after Masule occupied the new position, Kuugongelwa-Amadhila allegedly removed him, citing alleged irregularities in the recruitment process.

According to the Office of the Prime Minister, the PSC has allegedly admitted that the recruitment process was flawed and that the highest-scoring candidate was not recommended because he submitted incomplete forms in his application.

It is reported that Masule allegedly came second during the interviews and was given the nod due to his experience. Kuugongelwa-Amadhila has now ordered the recruitment process to start afresh.

This decision by the PM has allegedly angered Masule, who has approached the High Court to have her decision reserved.

Masule firstly unsuccessfully wanted the High Court to issue an order on an urgent basis interdicting the PM from implementing her decision of setting aside his promotion.

He further wanted the High Court to review the PM’s decision and issue an order to have him reinstated in the position of chief of investigations and prosecutions at the ACC, pending the outcome of the review proceedings.

According to the founding affidavit of Masule, the PM allegedly acted outside the scope of her powers when she unilaterally stripped him of his promotion while the Public Service Commission Act only allows her to implement a decision of the commission and only the president can veto such recommendation.

Windhoek-based lawyer Shakwa Nyambe represented Masule.

Source: Namibia Press Agency