By Surihe Gaomas WINDHOEK Although Namibia’s Constitution is regarded among the best on the African continent, it still remains passive on incidents regarding fraud and corruption. This is the view with which former Member of Parliament, Hans-Erik Staby, outlines the history of Namibia’s post-independence attempts to tackle corruption in the recently-published book entitled: “Tackling Corruption – Opinions on the Way Forward in Namibia.” As stated in the chapter “Namibia’s Efforts to Tackle Corruption – 1990 to 2006,” Staby noted that some of the worst corruption scandals in the country were – and still continue to be – originated by business and community leaders. “The disturbing fact is that since independence, the instruments provided by the Constitution – the watchdogs of justice – have remained alarmingly passive in response to the incidents of fraud and corruption and dispensing punitive measures or corrective action,” Staby explained. As the highest legislation, the Constitution commits the State to respect its moral principles and expects it to take action with regard to transgressions of the legislation approved by Parliament, like fraud and corruption. Staby reiterates that its seems that this state of passiveness gave rise to the opportunity for the “virus of corruption to infect the soul of the nation”. The whole idea of a graft body started 10 years ago in June 1997 at a consultative conference at Midgard which was led by the First Prime Minister and MP, Hage Geingob. Among the key recommendations was the need for an independent agency to spearhead the anti-corruption strategy as well as the review of the Code of Ethics for the public, parastatal and private sectors. “The spirit and enthusiasm that prevailed during discussions was one of eager anticipation of the creation of an effective mechanism aimed at eradicating the evil and to prevent the cancer from spreading into systematic and institutionalized corruption,” Staby added. The Midgard conference was followed a little more than a year later – in early October 1998 – with a Seminar on the Combating of Corruption in Windhoek with foreign and local guests expressing the determination of government to deal effectively with the problem of corruption. However, since then Staby noted that the establishment of an Anti-Corruption Agency was delayed for a considerable period of time and, while regular media reports showed that corruption was gaining momentum in the country, it further “threatened to spin out of control after the turn of the century”. “The setback caused disappointment and cynicism on the part of the participants, undermining trust in the government. The impression was created that government lacked the political will to take action in order to come to grips with the merchants of self-enrichment,” elaborated Staby. Cases like the commissions of inquiry, the 1991 irregularities in the allocation of fishing rights, the “so-called Borehole Scandal” that surfaced in 1992 where “some ministers and senior officials were involved,” – are just some examples of such corrupt incidences. Staby said “one of the problems associated with this (latter) case was the suspicion that the findings were swept under the carpet in order to protect Members of Parliament from charges.” It turns out that from 1990 to 1992 no punitive action was ever taken on the reports which covered government irregularities during this period. “Again, the provisions of the Constitution seem to have been inadvertently overlooked or consciously ignored … The general view was created that the authorities were either unwilling or unable to tackle graft, especially if it occurred within their own ranks,” he added. It was then in July 2003 that the Anti-Corruption Act (Act no.8 of 2003) was signed by the President. In essence, the Act empowers the Anti-Corruption Agency to investigate all forms of corruption. Staby is of the opinion that there is no doubt that the Anti-Corruption Agency can fight corruption, but it cannot bear the problem alone and needs support from all stakeholders, due to the high number of such cases since independence. However, when looking at the present-day situation, Staby added, there have been some positive developments in the fight against corruption, ever since President Hifikepunye Pohamba declared in his inaugural speech on March 21, 2005 a zero-tolerance policy towards government and inefficiency. “Public awareness about the negative consequences of corruption is growing. Self-enrichment is no longer regarded as good business practice and is losing its appeal,” said Staby. Church bodies and civil society have also joined the anti-corruption drive. “The campaign is gaining momentum, albeit slowly. With changing times,” Staby concluded, “Namibia now has a realistic opportunity to gradually rid itself of corruption in all spheres of society, provided it acts promptly upon it.”