Geingob, PM dragged to court by ACC investigator
JEMIMA BEUKES
WINDHOEK
Anti-Corruption Commission (ACC) investigator Phelem Masule has launched an urgent application in the High Court against Prime Minister Saara Kuugongelwa-Amadhila's decision to “strip” him of his promotion to chief of investigations and prosecutions at the anti-graft agency.
The respondents include Kuugongelwa-Amadhila, President Hage Geingob, the ACC and its director-general Paulus Noa, as well as the Public Service Commission (PSC) and its chairperson Markus Kampungu.
Masule has also cited ACC executive director Tylvas Shilongo and his predecessor, Hannu Shipena, as well as Justine Kanyangela, who is now acting in the disputed position.
Masule was recently promoted to replace former chief of investigations and prosecutions, Nelius Becker, who returned to the police force last year, but the prime minister overturned the decision by the PSC.
'Unlawful'
In his founding affidavit, Masule explained that Kuugongelwa-Amadhila's decision trampled on his right to administrative justice, as well as his dignity and his right to equality before the court.
Masule believes the prime minister's decision was unlawful and that it will be overturned on review, and so he must urgently be reinstated.
He stressed that Kuugongelwa-Amadhila had no business overturning a decision made by the PSC, which she had already approved.
“From the time her decision was made, I continue to be deprived of my promotion. I continue to suffer prejudice of her violation of my fundamental rights,” he said.
“In the event the commission makes a recommendation for an approval to appoint or promote a person or a staff member, that recommendation is sent to Kuugongelwa-Amadhila, and in terms of the scheme of the Public Service Act, she is bound to approve the recommendation of the commission. She has no statuary discretion to reject it.”
Masule has a law degree and has been an investigator at the ACC since its inception.
His attorney, Shakwa Nyambe, confirmed they have proposed Monday, 3 September, as a date for the hearing, but they are yet to receive feedback.
“We have served the papers on the office of the attorney-general, which is representing those mentioned in the affidavit,” Nyambe said.
[email protected]
WINDHOEK
Anti-Corruption Commission (ACC) investigator Phelem Masule has launched an urgent application in the High Court against Prime Minister Saara Kuugongelwa-Amadhila's decision to “strip” him of his promotion to chief of investigations and prosecutions at the anti-graft agency.
The respondents include Kuugongelwa-Amadhila, President Hage Geingob, the ACC and its director-general Paulus Noa, as well as the Public Service Commission (PSC) and its chairperson Markus Kampungu.
Masule has also cited ACC executive director Tylvas Shilongo and his predecessor, Hannu Shipena, as well as Justine Kanyangela, who is now acting in the disputed position.
Masule was recently promoted to replace former chief of investigations and prosecutions, Nelius Becker, who returned to the police force last year, but the prime minister overturned the decision by the PSC.
'Unlawful'
In his founding affidavit, Masule explained that Kuugongelwa-Amadhila's decision trampled on his right to administrative justice, as well as his dignity and his right to equality before the court.
Masule believes the prime minister's decision was unlawful and that it will be overturned on review, and so he must urgently be reinstated.
He stressed that Kuugongelwa-Amadhila had no business overturning a decision made by the PSC, which she had already approved.
“From the time her decision was made, I continue to be deprived of my promotion. I continue to suffer prejudice of her violation of my fundamental rights,” he said.
“In the event the commission makes a recommendation for an approval to appoint or promote a person or a staff member, that recommendation is sent to Kuugongelwa-Amadhila, and in terms of the scheme of the Public Service Act, she is bound to approve the recommendation of the commission. She has no statuary discretion to reject it.”
Masule has a law degree and has been an investigator at the ACC since its inception.
His attorney, Shakwa Nyambe, confirmed they have proposed Monday, 3 September, as a date for the hearing, but they are yet to receive feedback.
“We have served the papers on the office of the attorney-general, which is representing those mentioned in the affidavit,” Nyambe said.
[email protected]
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