WINDHOEK – Elly Henry Ntinda, 50, an accountant in the Ministry of Works and Transport, bowed her head and mumbled something that sounded like “thank you”, after Magistrate Ruth Herunga found her not guilty in the Windhoek Magistrate’s Court on Monday.
Ntinda faced a charge of corruptly using her office or position for gratification. The charge is from 2011 after being nabbed by Anti-Corruption Commission (ACC) agents.
Magistrate Herunga, while delivering the judgment, found that there was no dispute that government vehicles were used by employees for private use. “However, the question is who may grant permission for authorised staff members with trip authorisation to do private things? Like for instance driving to the shop to buy food?” the magistrate added.
“I am not convinced that Ntinda had any corrupt intention when she drove to the shop to buy food before returning to work. The vehicle was allocated to her, she knocked off at midnight and she indicated that she wanted to take an early lunch before returning to work on a Saturday morning. Her evidence in this regard was not disputed.”
“In lieu of the above mentioned, I find Ntinda not guilty and acquitted,” Magistrate Herunga added.
During the trial that commenced on November 14, 2011, several state witnesses testified that Ntinda had a special trip authorisation to drive the government vehicle during the weekdays and over weekends. She was the designated person to pick up and drop off her colleagues, the court was informed.
The court was further informed that because of her backlog at work, she worked from 8 am to midnight.
On November 12, 2011, a Saturday, Ntinda left her house at 6am to start picking up her colleagues, since they were all working overtime.
She felt hungry since she did not eat breakfast that morning and decided to drive around 11am to take an early lunch and buy food before going back to the office. She drove to Fruit and Veg to buy something to eat as well as dog food and other necessities” the court was informed. When she came out of Fruit and Veg, ACC agents arrested her.
Mbushandje Ntinda represented Ntinda. Henry Muhongo represented the state.