FAQ - ACC

What is the Anti-Corruption Commission?

It is an independent and impartial body that has a statutory mandate to fight corruption. It is also an agency as contemplated in the Public Service Act, 1995 (Act No. 13 of 1995).

When and how was it established?

The Commission is established by section 2 of the Anti-Corruption Act, 2003. However, it only came into being with the coming into force of the Act on 15 April 2005.

When did the Commission become operational?

It became operational on 1 February 2006. This being the date of the formal inauguration of the Commission and issuing of authority cards to the Director and Deputy Director by His Excellency, President Hifikepunye Pohamba took place on 1 February 2006.

What are the functions of the Commission?

The main function of the Commission is to combat corruption through investigation, prevention and public education. The Commission thus has a three-pronged approach in fighting corruption. The Commission is mandated under section 3 of the Anti-Corruption Act to :

• Receive or initiate and investigate allegations of corrupt practices;
• Refer an allegation to any other appropriate authority for investigation or action;
• Consult, co-operate and exchange information with appropriate bodies or authorities, including bodies or
• Authorities of other countries that are authorised to conduct investigations in relation to corrupt practices;
• Prevent the occurrence of corrupt practices;
• Investigate any conduct of a person employed by a public body or private body which may be connected with or conducive to corrupt practices;
• Examine the practices, systems and procedures of public bodies and private bodies;
• Advise public bodies and private bodies on ways of preventing corrupt practices;
• Educate the public on the dangers of corruption;
• Enlist and foster public confidence and support in combating corruption.

How is the Commission managed on a day-to-day basis?

The commission receives oral and written complaints from members of the public and other institutions. Some members of the public prefer to report anonymously or give an indication that their identities should be protected. The commission has also mandate to initiate investigations Complaints may be submitted:-
a) In person to ACC offices
b) By post or email
c) By phoning or faxing us; or
d) By using any method convenient to you.

Who appoints the Director and Deputy Director?

The Director and Deputy Director are appointed by the National Assembly upon nomination by the President. The Director and Deputy Director are appointed on a full-time basis for five years and may be reappointed upon expiry of their term of office. The President determines the conditions of service of the Director and Deputy Director with the confirmation by the National Assembly.

How does the Commission receive complaints about corruption?

The commission receives oral and written complaints from members of the public and other institutions. Some members of the public prefer to report anonymously or give an indication that their identities should be protected. The commission has also mandate to initiate investigations
Complaints may be submitted:-
a) In person to ACC offices
b) By post or email
c) By phoning or faxing us; or
d) By using any method convenient to you.

Is the Commission accessible to members of the public who do not live in Windhoek?

The Commission has established a Free Hotline number 0800 222 888 through which the public anywhere in the country can reach the Commission. In addition, the Commission intends to, within the very near future, establish at least two regional offices and introduce mobile report centres to make itself more accessible to the public. This, of course, depends on the availability of funds. Once the Directorate of Education and Corrupt Prevention is fully operational, the Commission will be more proactive with its outreach activities to sensitise the public on the dangers of corruption and on reporting procedures.

Does the Commission cooperate with other authorities in carrying out its mandate?

Yes. In terms of section 3 of the Anti-Corruption Act, the Commission may consult, co-operate and exchange information with appropriate bodies or authorities, including authorities or bodies of other countries that are authorised to conduct inquiries or investigations in relation to corrupt practices. The Commission frequently interacts with the Namibian Police as some of the complaints are of such a nature that it requires an investigation by the Police and not the Commission. In the fight against corruption, the Commission has to ensure, in addition to the Namibian Police, that it has good working relations with offices such as the Office of the Ombudsman, Office of the Auditor-General, Office of the Prosecutor-General and even the Parliamentary Committee on Public Accounts.

Is the existence of the Commission guaranteed?

As the Commission is established by law it can only be abolished by law.

Is the Commission an independent body?

Yes. The Commission is an independent and impartial body that is accountable to the Namibian people through the National Assembly by way of an annual report that the Director submits to the Prime Minister for tabling in the National Assembly. This guarantees the Commission’s independence and ensures that it can perform it’s functions without fear of any interference.