Slap on the wrist: 85% of corruption convicts fined
At least 85% of people convicted of corruption in Namibian courts this year after being arrested by the Anti-Corruption Commission (ACC) have been fined, with only two out of 13 convicts jailed without the option for a fine.
Those jailed without an option of a fine are Sakaria Kokule, who was found guilty of offering a bribe to an ACC investigator involved in the Fishrot matter, and Samson Shandjuuka, who was sent to prison for 12 years for his involvement in the infamous N$20 million Omusati pit latrine toilet scandal.
Those given the option of a fine include Theophilus Shitaleni, a former employee of the Forum for African Women Educationalists in Namibia (Fawena), who was convicted on 11 October and sentenced to a fine of N$55 000 or two years in prison on three counts of fraud.
Another is Lameck Omushamane Amwaanyena, a former employee at the ministry of works in Omaruru, who was convicted and sentenced on 15 August to a fine of N$3 000 or 10 months in prison.
He was found guilty of contravening Section 43 of the Anti-Corruption Act, 2003 (Act No. 8 of 2003) in the local magistrate’s court.
ACC director-general Paulus Noa yesterday underlined that each case has its own merits, and it is up to the courts to decide the sentences for those convicted.
“Imposing the appropriate punishment is a decision exercised by the presiding judge or magistrate after due consideration of aggravating and mitigating factors,” Noa, a former magistrate, told Namibian Sun yesterday.
“If the prosecutor-general, who prosecutes on behalf of the State, is not satisfied that justice was done, [they] can appeal against the court’s decision. Your question can better be answered by the prosecution authorities than by ACC.”
Fines and suspended sentences
Kelly Nghixulifwa, the former CEO of the Roads Contractor Company (RCC), was also convicted and sentenced to a fine of N$150 000 or three years in prison, with an additional two-year sentence suspended for five years on the condition that he is not convicted of any corrupt practices during that period.
Nghixulifwa was sentenced on 31 July for violating Section 43 of the Act.
His co-accused in the matter, Hafeni Nghinamwaami, was convicted and sentenced to a fine of N$30 000 or one year in prison, with an additional six months suspended for three years on condition of repaying N$30 000 to the RCC by 7 August this year.
Michael Haimbondi, a former employee at the health and social services ministry, was fined N$20 000 or 18 months in prison for making an irregular payment to a private company. He was found guilty on 9 July of violating Section 43 of the Anti-Corruption Act, 2003.
The ACC also reported that Noa Nanyemba was convicted and fined N$4 000 on the same day for violating Section 34 of the Anti-Corruption Act, 2003.
Chinese-born businesswoman Ping Zou was convicted and sentenced to a fine of N$20 000 or 18 months in prison for corruptly giving gratification to a public official.
She was given 14 days to leave Namibia after being sentenced on 17 July for violating Section 34(a) of the Anti-Corruption Act.
Violating corruption laws
On 21 May, Elia Nghipundjwa was convicted and sentenced to a fine of N$15 000 or two years in prison, with an additional two-year sentence suspended for violating Section 35 of the Anti-Corruption Act.
Dr Shadi Ismail, a private doctor, was convicted and sentenced on 14 March to a fine of N$100 000 or two years in prison for attempting, through an intermediary, to bribe an ACC official.
John Tuyoleni Ndandi was convicted and sentenced to a fine of N$60 000 or 18 months in prison on 14 March for conspiring with Ismail to bribe an ACC official.
On 24 January, James Kaviyu, an employee of the Grootfontein municipality, was convicted and sentenced to a fine of N$6 000 or 12 months in prison for violating Section 35 of the Anti-Corruption Act, 2003.
Those jailed without an option of a fine are Sakaria Kokule, who was found guilty of offering a bribe to an ACC investigator involved in the Fishrot matter, and Samson Shandjuuka, who was sent to prison for 12 years for his involvement in the infamous N$20 million Omusati pit latrine toilet scandal.
Those given the option of a fine include Theophilus Shitaleni, a former employee of the Forum for African Women Educationalists in Namibia (Fawena), who was convicted on 11 October and sentenced to a fine of N$55 000 or two years in prison on three counts of fraud.
Another is Lameck Omushamane Amwaanyena, a former employee at the ministry of works in Omaruru, who was convicted and sentenced on 15 August to a fine of N$3 000 or 10 months in prison.
He was found guilty of contravening Section 43 of the Anti-Corruption Act, 2003 (Act No. 8 of 2003) in the local magistrate’s court.
ACC director-general Paulus Noa yesterday underlined that each case has its own merits, and it is up to the courts to decide the sentences for those convicted.
“Imposing the appropriate punishment is a decision exercised by the presiding judge or magistrate after due consideration of aggravating and mitigating factors,” Noa, a former magistrate, told Namibian Sun yesterday.
“If the prosecutor-general, who prosecutes on behalf of the State, is not satisfied that justice was done, [they] can appeal against the court’s decision. Your question can better be answered by the prosecution authorities than by ACC.”
Fines and suspended sentences
Kelly Nghixulifwa, the former CEO of the Roads Contractor Company (RCC), was also convicted and sentenced to a fine of N$150 000 or three years in prison, with an additional two-year sentence suspended for five years on the condition that he is not convicted of any corrupt practices during that period.
Nghixulifwa was sentenced on 31 July for violating Section 43 of the Act.
His co-accused in the matter, Hafeni Nghinamwaami, was convicted and sentenced to a fine of N$30 000 or one year in prison, with an additional six months suspended for three years on condition of repaying N$30 000 to the RCC by 7 August this year.
Michael Haimbondi, a former employee at the health and social services ministry, was fined N$20 000 or 18 months in prison for making an irregular payment to a private company. He was found guilty on 9 July of violating Section 43 of the Anti-Corruption Act, 2003.
The ACC also reported that Noa Nanyemba was convicted and fined N$4 000 on the same day for violating Section 34 of the Anti-Corruption Act, 2003.
Chinese-born businesswoman Ping Zou was convicted and sentenced to a fine of N$20 000 or 18 months in prison for corruptly giving gratification to a public official.
She was given 14 days to leave Namibia after being sentenced on 17 July for violating Section 34(a) of the Anti-Corruption Act.
Violating corruption laws
On 21 May, Elia Nghipundjwa was convicted and sentenced to a fine of N$15 000 or two years in prison, with an additional two-year sentence suspended for violating Section 35 of the Anti-Corruption Act.
Dr Shadi Ismail, a private doctor, was convicted and sentenced on 14 March to a fine of N$100 000 or two years in prison for attempting, through an intermediary, to bribe an ACC official.
John Tuyoleni Ndandi was convicted and sentenced to a fine of N$60 000 or 18 months in prison on 14 March for conspiring with Ismail to bribe an ACC official.
On 24 January, James Kaviyu, an employee of the Grootfontein municipality, was convicted and sentenced to a fine of N$6 000 or 12 months in prison for violating Section 35 of the Anti-Corruption Act, 2003.
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