ACC Erongo

1508/2015), pending the finalisation of a case file in Swakopmund courts on mining claims, involving officials of Ministry of Mines and Energy, in the allegations of payments of bribes for taking over and shifting of mining claims, dimension stone mining. Appearedincourton16May2023,thecasewaspartly heard,andthetrialwasorderedforcontinuationinthe Swakopmundcourt,itwaspostponedtoNovemberthis year ACCERO-22-003389(SWK-CRM-3521/2022),there are allegations that a police officer solicited and received bribes from accused persons in exchange for destroying fingerprints or to destroy case files under investigation. Investigations completed, case is at the PGfordecision,thecasecontinuesincourt.

Another case of interest is case no. ACC ERO-21003222, involving investigations pertaining to awardingoftendersofCOVID-19GrantsbyNational Planning Commission for infrastructure development ofhostelaccommodationatschools,ablutionathostels and schools, and kitchen equipment are underway

There are allegations of awarding of tenderers with relationships to some staff members of Regional Council- ongoing to determine such relationships and allegations of non-completion of the work, progress questionable. Investigations in this matter have not beenfinalised.

Olivier said the evidence collected included evidence from the Ministry of Education, the Tender board, tenderdocuments,bankstatement,etc.TheMinistryof Education has given information in the report of the progress of the work. Investigations now focus on specifictenders/relationshipsetc.

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Whenreportingcorruptpracticesandallegedpracticesas defined in Chapter 4 of theAnti-CorruptionAct,Act 8 of 2003, firstly you need to notify the Anti-Corruption Commissionofthecorruptpractice,intermsofSection17 of the Anti-Corruption Act (ACA), the ACC will then acknowledgereceiptandexaminetheallegationsinterms of Section 18 of theAnti-CorruptionAct, the next step is Section 20 of ACA which is initiating or assuming investigationofacomplaint,thecommissionwillthenstart withinvestigationsbyassemblingevidenceandexchange informationwithappropriatebodiesintermsofSection21 oftheACAandafterinvestigationsthecollectedevidence isassembled,thematterwillbereferredtotheProsecutor GeneralforadecisionintermsofSection31oftheACA.

PenaltiesforcorruptionoffensesaresetoutinChapter4of the Act. Corruption risk areas include Procurement –in awarding of tenders, abuse of office or position and or solicitingofbribes,Misuseoffuelcardsbypublicofficers, Land Sales-soliciting of bribes, Recruitment-soliciting bribes- inducement for jobs, Revenue-soliciting of payment as an inducement to pay refunds for VAT/TAX, Traffic offenses –soliciting of bribes inducement for violationtrafficoffensespublictotrafficviceversa.

Some of the challenges that hamper ACC investigations are the issue of hostile witnesses, collecting evidence, recording statements, legal challenges, challenges faced by distances in the region, delays on trials for various reasons, delayed and or nonresponse from stakeholders such as OMA's, MTC, Banks etc. Olivier said it is very important that the public should take note that ACC is empowered to issue summons to persons and institutions tofurnishinformationanddocumentsthathaveabearing oninvestigations.