Phelem Masule, the Anti-Corruption Commission investigator, whose promotion was unceremoniously reversed by Prime Minister Saara Kuugongelwa-Amadhila in 2020, emerged victorious yesterday in the Windhoek High Court.
Judge Eileen Rakow set aside, with cost, Kuugongelwa-Amadhila’s August 2020 decision to reverse Masule’s promotion to the position of chief of investigations and prosecutions at ACC due to irregularities that occurred within the recruitment process.
She further ordered the commission to restart the process of recruiting a new chief of investigations and prosecutions.
“The first respondent acted in circumstances where she had no power to act… the Prime Minister should have looked into the decision and advised the President, as he is the next role player who can decide to either confirm or set aside the recommendation of the public service,” said Rakow.
She set aside the counter application of the Prime Minister, where she was asking the court to set aside the decision of Paulus Noa, director of the ACC, to recommend and appoint Masule for the position of chief of investigations and prosecutions in July 2020.
Rakow explained she dismissed the counter application, as it did not meet the requirements set out by the court for it to be considered.
Masule, who was at a loss for words, could only say he was happy about the court’s decision.
Masule has been in court since 2020 after his promotion was reversed just a month after he got the job in July 2020.
His case went up to the Supreme Court, where he appealed the High Court’s decision, which states that it did not have jurisdiction to hear his matter.
However, in February last year, the Supreme Court set aside the High Court’s decision and ordered it to hear the case.
In court documents, Noa stated he was aware of the irregularities in the recruitment process.
According to him, he was informed that some of the applicants submitted incomplete or wrong documents with their application, but that it was “agreed” that this may be rectified during the vetting process for the shortlisted candidates.
One of those who submitted incomplete documents was one Iyambo, who initially scored the highest during the interviews.
However, the Public Service Commission felt that Masule, who scored slightly less than Iyambo, was the preferred candidate because of his long-standing history with the ACC.
– mamakali@nepc.com.na